Focus Scaffold Pty Ltd

[2025] FWCA 2023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Focus Scaffold Pty Ltd

(AG2025/1563)

FOCUS SCAFFOLD PTY LTD ENTERPRISE AGREEMENT 2025 - 2029

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 19 JUNE 2025

Application for approval of the Focus Scaffold Pty Ltd Enterprise Agreement 2025-2029.

Focus Scaffold Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Focus Scaffold Pty Ltd Enterprise Agreement 2025 - 2029 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Focus Scaffold Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement does not contain a delegates’ rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2), the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2025. The nominal expiry date of the Agreement is 18 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Focus Scaffold Pty Ltd sought approval of an enterprise agreement in the Fair Work Commission. The applicant and the union representing the employees had negotiated the agreement, which proposed various terms and conditions of employment. The primary dispute centred around whether the agreement complied with the relevant statutory requirements and if it was fair and reasonable for the employees.

The court was required to examine whether the agreement contained all the mandated provisions, such as minimum wages and penalty rates. It also had to assess if the agreement was negotiated in good faith and whether it provided for appropriate dispute resolution mechanisms. Furthermore, the court had to determine if the agreement was likely to result in improved productivity, efficiency, or profitability without compromising the employees' rights and protections.

The court found that the agreement met all statutory requirements and was negotiated in good faith. It was concluded that the agreement provided adequate dispute resolution mechanisms and was likely to enhance productivity, efficiency, and profitability without adversely affecting employees' rights and protections. Therefore, the court approved the enterprise agreement.

The court ordered that the Focus Scaffold Pty Ltd Enterprise Agreement 2025-2029 be approved as a registered agreement under the Fair Work Act 2009. The agreement would now apply to the employees covered by the agreement, effective from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established