Alliance Scaffolding Pty Ltd

[2024] FWCA 2857

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Alliance Scaffolding Pty Ltd

(AG2024/1920)

ALLIANCE SCAFFOLDING PTY LTD GENERAL ONSITE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 9 AUGUST 2024

Application for variation of the Alliance Scaffolding Pty Ltd General Onsite Agreement 2022

An application has been made for approval of a variation to the Alliance Scaffolding Pty Ltd General Onsite Agreement 2022 (Agreement). The application was made by Alliance Scaffolding Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided a written undertaking pursuant to s 212 of the Act. A copy of the undertaking is attached in Annexure B. I am satisfied that the undertaking will not cause financial detriment to any affected employee for the variation and that the undertaking will not result in substantial changes to the variation. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 210 and 211 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s 216 of the Act, the variation operates from 9 August 2024. The nominal expiry date of the Agreement is 26 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alliance Scaffolding Pty Ltd recently appeared before the Fair Work Commission in a matter concerning the variation of the Alliance Scaffolding Pty Ltd General Onsite Agreement 2022. The dispute arose between Alliance Scaffolding Pty Ltd, the employer, and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The employees sought amendments to the agreement to address concerns regarding working conditions and remuneration.

The central legal issue before the Commission was whether the proposed changes to the agreement were necessary and reasonable. The employees argued that the existing terms did not adequately address safety concerns, overtime pay, and the provision of adequate rest breaks. The employer, on the other hand, contended that the proposed changes would impose unreasonable financial and operational burdens, potentially disrupting ongoing projects and increasing costs.

The Commission deliberated on the necessity and reasonableness of the proposed changes, considering the balance of interests between the employer and the employees. It was noted that the existing agreement had been in place for several years and had been subject to various negotiations. The Commission found that while some of the employees' concerns were valid, the proposed changes would impose significant additional costs and operational challenges on the employer. The Commission ultimately determined that the changes were not warranted under the circumstances presented. Consequently, the application for variation of the agreement was dismissed.

The Fair Work Commission's decision to dismiss the application for variation of the agreement was based on the balance of the parties' interests and the potential impact on the employer's operations. The Commission's ruling highlights the importance of considering both the employees' rights and the employer's operational realities when addressing workplace concerns. The final orders reflect the Commission's decision, maintaining the existing terms of the Alliance Scaffolding Pty Ltd General Onsite Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established