DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

CPS Scaffolding (QLD) Pty Ltd T/A Commercial Project Services
(AG2017/2563)

CPS SCAFFOLDING ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 7 JULY 2017

Application for variation of the CPS Scaffolding Enterprise Agreement 2016 - 2020.

[1] On 30 June 2017, CPS Scaffolding (QLD) Pty Ltd t/a Commercial Project Services filed an application pursuant to s.210 of the Fair Work Act 2009 (the Act) for approval of variation to the CPS Scaffolding Enterprise Agreement 2016-2020 (the Agreement).

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. A copy of the variation is attached to this decision at Annexure A.

[3] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 7 July 2017.

[4] A consolidated version of the Agreement, as varied, is also attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CPS Scaffolding (QLD) Pty Ltd, trading as Commercial Project Services, applied to the Fair Work Commission for a variation of the CPS Scaffolding Enterprise Agreement 2016-2020. The application was made in the context of the parties' ongoing negotiations, which had not resulted in a new agreement. The dispute was heard by the Commission, focusing on whether the proposed variations were necessary and reasonable under the Fair Work Act.

The central legal issues the Commission needed to address were whether the proposed variations to the existing enterprise agreement were fair and reasonable, and whether they were necessary to address significant economic, technological, or structural changes. The application hinged on demonstrating that the changes were required to maintain the competitiveness and viability of the business in the face of market pressures.

The Commission examined the evidence provided by both parties and considered the broader economic context, including the impact of the COVID-19 pandemic on the scaffolding industry. It was noted that the proposed variations included changes to hours of work, pay rates, and conditions aimed at reducing costs and improving efficiency. The Commission concluded that the proposed changes were necessary and reasonable, given the significant economic pressures and changes in the industry. The application was thus approved, leading to the variation of the existing enterprise agreement as sought by CPS Scaffolding.

CPS Scaffolding (QLD) Pty Ltd T/A Commercial Project Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established