DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caledonia Scaffolding Australia Pty Ltd
(AG2016/6283)

CALEDONIA SCAFFOLDING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 OCTOBER 2016

Application for approval of the Caledonia Scaffolding Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Caledonia Scaffolding Australia Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caledonia Scaffolding Australia Pty Ltd. 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] Pursuant to s.202(4) of the Act, the model flexibility 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 3 November 2016. The nominal expiry date of the Agreement is 26 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Caledonia Scaffolding Australia Pty Ltd applied to the Fair Work Commission for approval of their 2016 Enterprise Agreement. The application was opposed by the Building and Construction General On-Site Workers Union. The dispute centred on whether the agreement contained appropriate provisions for the protection of employee entitlements, particularly in relation to penalty rates and shift loadings. The Fair Work Commission, presided over by Commissioner McGaughey, was tasked with determining whether the agreement met the requirements set out in the Fair Work Act 2009. The key legal issues involved whether the agreement provided adequate safeguards for employee entitlements and whether it complied with the statutory requirements for approval.

The Commission considered the specific provisions of the agreement concerning penalty rates and shift loadings. It was essential to ensure that the agreement did not undermine the Fair Work Act’s protections for employees. The Commission examined the provisions in the context of the Fair Work Act’s objectives, including ensuring fair and reasonable terms for employees. It found that the agreement contained adequate provisions to protect employee entitlements and did not contravene the statutory requirements. The Commission also noted the parties' good faith in negotiating the agreement and the overall balance of the terms.

After thorough consideration, the Commission approved the Caledonia Scaffolding Australia Pty Ltd Enterprise Agreement 2016. The decision was based on the conclusion that the agreement was fair and reasonable, provided appropriate protections for employee entitlements, and complied with the statutory requirements. The Commission recognised the balance achieved in the agreement and the parties' efforts in negotiating it. The approval of the agreement signifies that it will now govern the employment terms between Caledonia Scaffolding Australia Pty Ltd and its employees as per the Fair Work Act.

Caledonia Scaffolding Australia 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