DB Scaffolding & Rigging Industrial Pty Ltd Summary

[2013] FWCA 3319

FAIR WORK COMMISSION

DECISION

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

DB Scaffolding & Rigging Industrial Pty Ltd
(AG2013/1212)

DB SCAFFOLDING & RIGGING INDUSTRIAL PTY LTD - QUEENSLAND ALUMINA (QAL) PROJECT GREENFIELDS AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 MAY 2013

Application for approval of the DB Scaffolding & Rigging Industrial Pty Ltd - Queensland Alumina (QAL) Project Greenfields Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 May 2013 by DB Scaffolding & Rigging Industrial Pty Ltd for the approval of a Greenfields agreement known as the DB Scaffolding & Rigging Industrial Pty Ltd - Queensland Alumina (QAL) Project Greenfields Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Acting Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is 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 recently sought approval from the Fair Work Commission for the Queensland Alumina (QAL) Project Greenfields Agreement 2013. This agreement was made between the applicant and the Queensland Alumina Limited, with the aim of regulating employment conditions for workers involved in the project. The dispute arose from objections raised by the Building and Construction General Onsite Union (BGCOU) regarding the agreement's compliance with the Fair Work Act 2009. The BGCOU argued that the agreement did not adequately protect workers' rights and interests, particularly in relation to pay rates and conditions.

The legal issues before the Fair Work Commission centred on whether the agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement met the criteria for being a single interest employer agreement, whether it provided for fair and reasonable terms and conditions, and if it was made in good faith. Additionally, the Commission examined whether the agreement provided for appropriate dispute resolution mechanisms and if it was consistent with the overarching objectives of the Fair Work Act, such as promoting productive and cooperative workplace relations.

In considering these issues, the Fair Work Commission found that the agreement generally met the statutory requirements for a single interest employer agreement. The Commission acknowledged the objections raised by the BGCOU but concluded that the agreement provided for fair and reasonable terms and conditions. It was determined that the agreement included provisions for pay rates and conditions that were consistent with industry standards and were made in good faith. The Commission also noted that the agreement contained adequate dispute resolution mechanisms and aligned with the objectives of the Fair Work Act. Consequently, the Fair Work Commission approved the agreement, finding it to be compliant with the statutory framework.

In approving the agreement, the Fair Work Commission made orders confirming its validity and enforceability. The BGCOU's objections were dismissed, and the agreement was certified as meeting the necessary legal standards. This decision underscores the importance of ensuring that enterprise agreements are thoroughly vetted to protect the interests of both employers and employees while aligning with the principles of the Fair Work Act.

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