Caledonia WA Pty Ltd

[2025] FWCA 184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Caledonia WA Pty Ltd

(AG2024/5156)

CALEDONIA SCAFFOLDING AUSTRALIA ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 20 JANUARY 2025

Application for approval of the Caledonia Scaffolding Australia Enterprise Agreement 2024

Caledonia WA Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Caledonia Scaffolding Australia Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 1.5.4 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

Pursuant to section 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.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 January 2025. The nominal expiry date of the Agreement is 20 January 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Caledonia WA Pty Ltd sought approval of the Caledonia Scaffolding Australia Enterprise Agreement 2024 from the Fair Work Commission (FWC). The dispute involved the terms of the proposed agreement, which aimed to set the conditions of employment for employees within the scaffolding industry. The application for approval was brought forth by the employer, Caledonia WA Pty Ltd, and involved scrutiny over whether the agreement complied with the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "single, written, and registered agreement" and whether it complied with the "better off overall test" (BOOT), ensuring that the employees were no worse off financially and had at least one improved condition of employment.

The Commission found that the Caledonia Scaffolding Australia Enterprise Agreement 2024 complied with the necessary statutory requirements and met the BOOT. The agreement was considered to be a single, written, and registered agreement, as stipulated by the Fair Work Act 2009. The Commission also found that the agreement provided employees with better conditions of employment, such as improved leave provisions, without diminishing their overall financial entitlements. Consequently, the Commission approved the agreement, emphasising its compliance with the legislative standards and the positive impact on employee conditions.

The Fair Work Commission approved the Caledonia Scaffolding Australia Enterprise Agreement 2024, confirming its compliance with the Fair Work Act 2009 and the better off overall test. The decision was made in favour of Caledonia WA Pty Ltd, allowing the proposed terms of employment to be implemented for the scaffolding industry employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established