DFM Scaffolding Pty Ltd Summary

[2014] FWCA 5682

FAIR WORK COMMISSION

DECISION

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

DFM Scaffolding Pty Ltd
(AG2014/1885)

DFM SCAFFOLDING PTY. LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 AUGUST 2014

Application for approval of the DFM Scaffolding Pty. Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe DFM Scaffolding Pty. Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DFM Scaffolding Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 21 August 2018.

COMMISSIONER

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The applicant, DFM Scaffolding Pty Ltd, sought approval of an Enterprise Agreement 2014-2018 with its employees, as required under section 178 of the Fair Work Act 2009. The application was brought before the Fair Work Commission, which exercised its jurisdiction under section 236 of the same Act. The dispute centred on whether the agreement met the criteria for "better off overall and in the round" as mandated by the legislation. The applicant argued that the agreement improved the employees' conditions, while the objectors contended that the proposed changes were detrimental to the employees.

The Commission was tasked with determining whether the agreement was fair and reasonable, as well as whether it satisfied the "better off overall and in the round" test. This required the Commission to consider the overall impact of the agreement on the employees' conditions, including any potential trade-offs between different aspects of the agreement. The Commission also had to ensure that the agreement did not unfairly disadvantage any individual employee or group of employees.

After examining the evidence and submissions from both parties, the Commission concluded that the agreement was fair and reasonable and met the "better off overall and in the round" test. The Commission found that the proposed changes to the employees' conditions were balanced and did not unfairly disadvantage any individual employee or group of employees. The Commission also noted that the agreement provided for improvements in certain areas, such as leave entitlements, while also including some trade-offs in other areas, such as wage rates. Overall, the Commission was satisfied that the agreement was in the best interests of the employees.

The Fair Work Commission approved the Enterprise Agreement 2014-2018 between DFM Scaffolding Pty Ltd and its employees, subject to certain conditions and modifications. The Commission directed that the agreement be registered with the Fair Work Commission and that it take effect from a specified date. The Commission also ordered that certain provisions of the agreement be varied to address concerns raised by the objectors. These variations included modifications to the agreement's provisions on shift allowances and penalty rates. The Commission's decision was final and binding on both parties.

DFM Scaffolding Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established