DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Acrow Formwork & Scaffolding Pty Ltd
(AG2014/10404)

ACROW FORMWORK AND SCAFFOLDING PTY LIMITED (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2014

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COMMISSIONER ROE	MELBOURNE, 14 JANUARY 2015

Application for approval of the Acrow Formwork & Scaffolding Pty Limited (South Australia) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Acrow Formwork & Scaffolding Pty Limited (South Australia) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Acrow Formwork & Scaffolding Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Acrow Formwork & Scaffolding Pty Ltd, the Fair Work Commission was tasked with approving the Enterprise Agreement between the company and its employees. The agreement, covering workers in South Australia, sought to regulate various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. The applicants, representing the employees, sought approval, while the respondents, representing the employer, argued against certain provisions of the agreement.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act 2009. This involved assessing if the agreement met the standard procedural requirements, such as being in writing, being free from prohibited content, and providing for the proper representation of employees. The Commission also needed to determine if the agreement met the "better off overall test," which required that the terms of the agreement be no less favourable to the employees than the applicable award or registered agreement.

The Commission found that the agreement met all procedural requirements and was free from prohibited content. It was noted that the agreement provided for fair and equitable terms, ensuring that employees were not disadvantaged. The "better off overall test" was also satisfied, with the agreement offering terms that were at least as favourable as those provided by the relevant award or any existing registered agreement. Given the comprehensive nature of the agreement and its compliance with legislative requirements, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Acrow Formwork & Scaffolding Pty Ltd (South Australia) Enterprise Agreement 2014, affirming that it met all statutory requirements and provided fair terms for the employees. This decision ensures that the agreement will now govern the employment conditions of the workers, providing a legally binding framework for their working relationship with the employer.

Acrow Formwork & Scaffolding Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established