DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aluminium Scaffolds Pty Limited
(AG2019/740)

ALUMINIUM SCAFFOLDS PTY LTD ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 17 APRIL 2019

Application for approval of the Aluminium Scaffolds Pty Ltd Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Aluminium Scaffolds Pty Ltd Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aluminium Scaffolds Pty Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 16 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Aluminium Scaffolds Pty Limited, the Fair Work Commission was tasked with deciding whether to approve an enterprise agreement between the employer and its employees. The applicant, Aluminium Scaffolds Pty Limited, sought the approval of the Aluminium Scaffolds Pty Ltd Enterprise Agreement 2019-2022. The respondent, the Australian Workers Union, represented the employees in the proceedings. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was in the interests of the employees and whether it was consistent with the relevant national employment standards and safety provisions. The Commission also needed to consider whether the agreement had been made in good faith and whether the proper consultation processes had been followed.

The Fair Work Commission found that the proposed agreement did meet the statutory requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other entitlements. The Commission was also satisfied that the agreement did not disadvantage employees in relation to the relevant national employment standards and that the safety provisions were adequate. Furthermore, the Commission found that the agreement had been made in good faith and that the proper consultation processes had been followed. As a result, the Commission approved the Aluminium Scaffolds Pty Ltd Enterprise Agreement 2019-2022.

The Fair Work Commission's decision in this case provides guidance to employers and employees on the requirements for an enterprise agreement under the Fair Work Act. The decision highlights the importance of ensuring that agreements are made in good faith and that the proper consultation processes are followed. The decision also confirms that agreements which provide for fair and reasonable terms and conditions of employment are likely to be approved by the Commission.

Aluminium Scaffolds Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established