Caledonia Scaffolding Services Pty Ltd

[2013] FWCA 2620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Caledonia Scaffolding Services Pty Ltd
(AG2013/5629)

CALEDONIA SCAFFOLDING SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 1 MAY 2013

Application for approval of the Caledonia Scaffolding Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Caledonia Scaffolding Services Pty Ltd Enterprise Agreement 2013 (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 Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“1. When employees are working under an arrangement reached pursuant to clause 4.4 of the agreement, the following conditions shall apply:

a. Employees shall not be required to work unreasonable additional hours

b. The Company shall schedule meal and other breaks:

i. in accordance with the site’s requirements or,

ii. if there is no such requirement, by agreement with a majority of affected employees having regard to the provisions of this agreement

c. Employees eligible for payments into the redundancy fund shall have their redundancy contribution deducted from their weekly remuneration and remitted to the fund

d. Employees who are entitled to annual leave will be regarded as a “shift worker” for the purpose of the NES if they are regularly rostered to work ordinary hours on weekends.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2013. The nominal expiry date of the Agreement is 8 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Caledonia Scaffolding Services Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Caledonia Scaffolding Services Pty Ltd Enterprise Agreement 2013. The application was made under section 230 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for registration under the Act. Caledonia Scaffolding Services Pty Ltd sought to have the agreement approved to cover its employees who were part of the construction industry.

The legal issues before the Commission included whether the agreement contained all the mandatory terms as required by section 234 of the Fair Work Act, and whether the agreement was made in good faith and without coercion, as mandated by section 231. Additionally, the Commission had to consider whether the agreement was fair and reasonable in terms of the protections it provided to employees and the balance it struck between the interests of the employer and the employees.

The Fair Work Commission found that the agreement met the statutory requirements for approval. It contained all the necessary mandatory terms and was made in good faith without any element of coercion. The agreement was deemed fair and reasonable, providing adequate protections for employees while also considering the legitimate interests of the employer. Consequently, the Commission approved the agreement under section 230 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established