DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Scaffolding Pty Ltd
(AG2017/4241)

ALLIANCE SCAFFOLDING ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 1 NOVEMBER 2017

Application for approval of the Alliance Scaffolding Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Alliance Scaffolding Enterprise Agreement 2017 (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 Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Alliance Scaffolding Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2017. The nominal expiry date of the Agreement is 1 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alliance Scaffolding Pty Ltd applied for approval of the Alliance Scaffolding Enterprise Agreement 2017. The application was heard by the Fair Work Commission, with Commissioner M. R. Ryan presiding. The dispute involved the terms and conditions of employment for workers in the scaffolding industry, as set out in the proposed enterprise agreement.

The legal issues before the court centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the fair and reasonable terms of employment as mandated by the legislation. Key issues included whether the agreement provided for minimum entitlements and if it allowed for proper bargaining between the employer and employees. The court also had to consider if the agreement was free from any illegality or coercion.

The Fair Work Commission found that the proposed agreement did meet the statutory requirements. It provided for the minimum entitlements set out in the Fair Work Act 2009, and the bargaining process appeared to be fair and genuine. The agreement also contained provisions for proper dispute resolution mechanisms. The Commission was satisfied that the agreement was not coerced and provided reasonable terms for both the employer and the employees.

The Fair Work Commission approved the Alliance Scaffolding Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered and would govern the employment conditions of the workers until superseded by a new agreement.

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