Acrow Formwork & Scaffolding Pty Ltd Summary

[2021] FWCA 7291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acrow Formwork & Scaffolding Pty Ltd
(AG2021/8867)

ACROW FORMWORK AND SCAFFOLDING PTY LIMITED VICTORIAN ENTERPRISE AGREEMENT 2021-2024

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 23 DECEMBER 2021

Application for approval of the Acrow Formwork and Scaffolding Pty Limited Victorian Enterprise Agreement 2021-2024

[1] An application has been made for approval of an enterprise agreement known as the Acrow Formwork and Scaffolding Pty Limited Victorian Enterprise Agreement 2021-2024 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2021. The nominal expiry date of the Agreement is 1 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Acrow Formwork & Scaffolding Pty Ltd, represented by its employer members, applied to the Fair Work Commission for the approval of the Acrow Formwork and Scaffolding Pty Limited Victorian Enterprise Agreement 2021-2024. The applicant argued that the agreement met the requirements of the Fair Work Act 2009 and should be approved. The respondent, Acrow Formwork & Scaffolding Pty Ltd, did not oppose the application but raised concerns regarding certain provisions in the agreement.

The primary legal issue before the court was whether the enterprise agreement met the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was a genuine enterprise agreement, free from any improper influence or coercion, and whether it provided for a fair and efficient workplace. Additionally, the court had to consider whether the agreement met the procedural requirements for approval and whether it complied with the relevant provisions of the Act.

The court examined the provisions of the enterprise agreement and found that it met the criteria for approval. The court concluded that the agreement was a genuine enterprise agreement, free from any improper influence or coercion. Furthermore, the court found that the agreement provided for a fair and efficient workplace and that it complied with the relevant provisions of the Act. The court also found that the agreement met the procedural requirements for approval, including the requirement for a majority vote in favour of the agreement by the relevant employees. As a result, the court approved the enterprise agreement.

The Fair Work Commission approved the Acrow Formwork and Scaffolding Pty Limited Victorian Enterprise Agreement 2021-2024. The court found that the agreement met all the criteria for approval and was in the best interests of the employees and the employer. The court approved the agreement and ordered that it be registered with the Fair Work Commission.

Acrow Formwork & Scaffolding Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established