Alliance Scaffolding Pty Limited

[2014] FWCA 3598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Scaffolding Pty Limited
(AG2014/1148)

ALLIANCE SCAFFOLDING ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 MAY 2014

Application for approval of the Alliance Scaffolding Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Alliance Scaffolding 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 Alliance Scaffolding Pty Limited. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 30 May 2014 and, in accordance with s.54, will operate from 6 June 2014. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Alliance Scaffolding Pty Limited applied for approval of an enterprise agreement that had been negotiated with the union representing its employees. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was required to determine whether the agreement met the requirements for approval under the Act. The union argued that the agreement should not be approved as it did not adequately protect employees' rights to fair work conditions and entitlements. The employer contended that the agreement was fair and reasonable, and that it was necessary to maintain the competitiveness of its business.

The Commission considered whether the agreement was genuinely negotiated and whether it provided for fair work conditions and entitlements. It examined the process by which the agreement was negotiated, the terms of the agreement, and whether it complied with the relevant provisions of the Act. The Commission found that the agreement had been genuinely negotiated and that it provided for fair work conditions and entitlements. It also found that the agreement was necessary to maintain the competitiveness of the employer's business.

Accordingly, the Commission approved the Alliance Scaffolding Enterprise Agreement 2014. The employer and union were bound by the terms of the agreement, which provided for a range of work conditions and entitlements for employees. The agreement was registered on the Register of Approved Agreements, and became a legally binding enterprise agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established