DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Scaffolding Pty Ltd
(AG2021/4745)

ALLIANCE SCAFFOLDING PTY LTD GEELONG REFINERY AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 5 MAY 2021

Application for approval of the Alliance Scaffolding Pty Ltd Geelong Refinery Agreement 2021.

[1] Alliance Scaffolding Pty Ltd has applied for approval of a single enterprise agreement known as the Alliance Scaffolding Pty Ltd Geelong Refinery Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met. Further evidence was provided in relation to these concerns.

[3] On the basis of the material contained in the application and related materials, and the further evidence provided, 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.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 5 May 2021 and, in accordance with s.54, will operate from 12 May 2021. The nominal expiry date of the Agreement is 5 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alliance Scaffolding Pty Ltd sought approval of the Alliance Scaffolding Pty Ltd Geelong Refinery Agreement 2021, which was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission, which had to determine whether the agreement provided for fair and reasonable terms and conditions for employees. The CFMEU argued that the agreement failed to adequately address issues such as penalty rates and leave provisions, which were significant for the employees' welfare.

The Commission considered whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions. The primary focus was on whether the agreement adequately protected the employees' interests, particularly in relation to penalty rates and leave provisions. The Commission also evaluated the process of negotiation and the extent to which the agreement reflected a balance of interests between the employer and the employees.

The Commission found that the agreement was genuinely negotiated and that it provided for fair and reasonable terms and conditions for the employees. The agreement included provisions that addressed the concerns raised by the CFMEU, such as penalty rates and leave provisions, in a manner that was deemed fair and reasonable. The Commission was satisfied that the negotiation process was appropriate and that the agreement reflected a balance of interests between the employer and the employees.

The Commission approved the Alliance Scaffolding Pty Ltd Geelong Refinery Agreement 2021. The CFMEU's opposition was dismissed, and the agreement was registered under the Fair Work Act 2009.

Alliance 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