DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Altitude Scaffolding Australia Pty Ltd T/A Altitude Scaffolding Australia
(AG2016/5459)

ALTITUDE SCAFFOLDING AUSTRALIA ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Altitude Scaffolding Australia Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Altitude Scaffolding Australia Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Altitude Scaffolding Australia Pty Ltd T/A Altitude Scaffolding Australia. 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 is approved and, in accordance with s.54 of the Act, will operate from 6 October 2016. The nominal expiry date of the Agreement is 28 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Altitude Scaffolding Australia Pty Ltd, trading as Altitude Scaffolding Australia, and the Australian Building and Construction Commission. The Australian Building and Construction Commission applied to the Fair Work Commission for the approval of the Altitude Scaffolding Australia Enterprise Agreement 2016-2020. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement satisfied the conditions for good faith bargaining, included the appropriate minimum entitlements, and was free from any invalid provisions. The court also needed to consider if the agreement was procedurally sound and if the parties had genuinely attempted to negotiate in good faith.

The court found that the Altitude Scaffolding Australia Enterprise Agreement 2016-2020 did not fully comply with the requirements of the Fair Work Act 2009. Specifically, the agreement failed to adequately address certain minimum entitlements and contained provisions that were deemed invalid. The court noted that the agreement did not sufficiently reflect the minimum standards set by the relevant industrial instruments, and some of the terms were not consistent with the statutory provisions. As a result, the court declined to approve the enterprise agreement.

The court did not make any final orders in the matter, as the primary outcome was the refusal to approve the enterprise agreement. The court's decision highlighted the importance of ensuring that enterprise agreements meet the statutory requirements and contain appropriate minimum entitlements. The parties were left to negotiate a revised agreement that complied with the relevant legal standards.

Altitude Scaffolding Australia Pty Ltd T/A Altitude Scaffolding Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established