DB Scaffolding & Rigging Industrial Pty Ltd Summary

[2013] FWCA 7269

FAIR WORK COMMISSION

DECISION

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

DB Scaffolding & Rigging Industrial Pty Ltd
(AG2013/2878)

DB SCAFFOLDING AND RIGGING CURTIS ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 23 SEPTEMBER 2013

Application for approval of the DB Scaffolding and Rigging Curtis Island Greenfields Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 16 September 2013 by DB Scaffolding & Rigging Industrial Pty Ltd for the approval of a Greenfields agreement known as the DB Scaffolding and Rigging Curtis Island Greenfields Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr K. McKenzie, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DB Scaffolding & Rigging Industrial Pty Ltd applied for approval of the DB Scaffolding and Rigging Curtis Island Greenfields Agreement 2013. The application was brought pursuant to section 248 of the Fair Work Act 2009. The parties to the agreement were DB Scaffolding & Rigging Industrial Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the union's objection to the agreement, which it claimed failed to adequately protect the rights of employees under the Act. The union argued that the agreement would allow employers to unilaterally alter work arrangements, including rosters, hours, and shift patterns, without negotiation.

The legal issues for the court to determine were whether the agreement provided a safety net for employees and whether the union's concerns about the agreement's impact on employees' rights were justified. The court considered the purpose of the Act, which was to provide a safety net of minimum terms and conditions for employees, and to facilitate a cooperative workplace relations system. The court also considered the provisions of the agreement and whether they provided for a safety net for employees and facilitated a cooperative workplace relations system.

The court found that the agreement provided a safety net for employees and facilitated a cooperative workplace relations system. The court held that the agreement provided for minimum terms and conditions, including pay rates, penalties, and leave provisions, that were not less favourable than the applicable award or registered agreement. The court also found that the agreement provided for a process for resolving disputes between the parties and that the union had not demonstrated that the agreement would have a detrimental effect on employees' rights. The court approved the agreement, and the union's application for review was dismissed.

The court's final orders were that the DB Scaffolding and Rigging Curtis Island Greenfields Agreement 2013 be approved as a safety net agreement under section 248 of the Fair Work Act 2009, and that the union's application for review be dismissed. The union was ordered to pay the costs of the application.

DB Scaffolding & Rigging Industrial Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established