DB Scaffolding & Rigging Industrial Pty Ltd Summary

[2014] FWCA 3776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DB Scaffolding & Rigging Industrial Pty Ltd
(AG2014/963)

DB SCAFFOLDING & RIGGING INDUSTRIAL PTY LTD - GLADSTONE REGION GREENFIELDS AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 JUNE 2014

Application for approval of the DB Scaffolding & Rigging Industrial Pty Ltd - Gladstone Region Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DB Scaffolding & Rigging Industrial Pty Ltd - Gladstone Region Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] It has been made by DB Scaffolding & Rigging Industrial Pty Ltd and nominates the Australian Workers’ Union (AWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[3] The Agreement was lodged within 14 days after it was made.

[4] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 June 2014. The nominal expiry date of the Agreement is 31 March 2016.

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 & Rigging Industrial Pty Ltd - Gladstone Region Greenfields Agreement 2014. The Fair Work Commission (FWC) was asked to determine whether the agreement complied with the requirements of the Fair Work Act 2009. The nature of the dispute was whether the agreement, which covered workers employed in the Gladstone region of Queensland, complied with the legislative requirements and protected the interests of the employees.

The key legal issues before the Commission were whether the agreement met the criteria for approval as a registered agreement under section 230 of the Act, including whether it provided for minimum terms and conditions, and whether it was consistent with the objects of the Act and did not discriminate against any person on the basis of sex, marital status, or pregnancy. The Commission also had to consider whether the agreement was free from any invalidity or non-compliance with the Act.

In its decision, the FWC determined that the agreement did comply with the legislative requirements for approval. The Commission found that the agreement provided for minimum terms and conditions of employment and was consistent with the objects of the Act. The FWC noted that the agreement included provisions for fair and reasonable workplace practices and did not discriminate against any person. The Commission was satisfied that the agreement was free from any invalidity or non-compliance with the Act.

The FWC approved the DB Scaffolding & Rigging Industrial Pty Ltd - Gladstone Region Greenfields Agreement 2014, finding it to be a registered agreement under section 179 of the Act. The agreement was registered on the date of the FWC's decision, and the FWC made orders accordingly.

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