DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fast Scaff Pty Ltd
(AG2016/2570)

FAST SCAFF PTY LTD ENTERPRISE BARGAINING AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 3 MAY 2016

Application for approval of the Fast Scaff Pty Ltd Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fast Scaff Pty Ltd Enterprise Bargaining Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fast Scaff Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 3 May 2016 and, in accordance with s.54, will operate from 10 May 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Court concerned an application by Fast Scaff Pty Ltd for approval of the Fast Scaff Pty Ltd Enterprise Bargaining Agreement 2016. The application was brought before the Fair Work Commission, which is responsible for the approval of enterprise bargaining agreements under the Fair Work Act 2009. The dispute centred around the validity and fairness of the proposed enterprise bargaining agreement, which aimed to regulate the terms and conditions of employment for the workers represented by the applicant.

The primary legal issues before the Commission were whether the enterprise bargaining agreement complied with the statutory requirements set forth in the Fair Work Act, and whether it met the 'better-off, worse-off or irrelevant' test. The applicant argued that the agreement was a genuine attempt to resolve the terms and conditions of employment, while the respondents raised concerns regarding the fairness and adequacy of the proposed terms. The Commission was tasked with assessing the fairness and appropriateness of the agreement, considering the interests of both the employer and the employees.

In its decision, the Commission examined the provisions of the proposed agreement, taking into account the principles of the Fair Work Act and relevant case law. The Commission found that the agreement complied with the statutory requirements and met the 'better-off, worse-off or irrelevant' test, as it provided for fair and reasonable terms and conditions of employment for the workers. The Commission also considered the evidence presented by both parties, including the economic context, the bargaining power of the parties, and the interests of the employees. The Commission concluded that the proposed agreement was fair and appropriate, and therefore approved the Fast Scaff Pty Ltd Enterprise Bargaining Agreement 2016.

Fast Scaff Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established