DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fowler Scaffold Pty Ltd
(AG2015/6036)

FOWLER SCAFFOLD PTY LTD ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Fowler Scaffold Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Fowler Scaffold Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fowler Scaffold Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 10 November 2015 and, in accordance with s.54, will operate from 17 November 2015. The nominal expiry date of the Agreement is 10 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fowler Scaffold Pty Ltd was the subject of an application to the Fair Work Commission (FWC) for the approval of an enterprise agreement, the Fowler Scaffold Pty Ltd Enterprise Agreement 2015-2019. The application was brought by the employer, Fowler Scaffold Pty Ltd, which sought to have the proposed agreement approved under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the workers represented by the Australian Manufacturing Workers Union (AMWU), as well as the appropriate procedures and processes for negotiating and approving the agreement.

The legal issues before the FWC included whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly concerning the fair and reasonable treatment of employees. The FWC had to determine whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was free from prohibited content. Additionally, the FWC needed to consider the fairness of the agreement in terms of its overall effect on employees, including their wages, hours of work, and other employment conditions.

In delivering its decision, the FWC considered the submissions from both the employer and the union, as well as the evidence provided regarding the negotiation process and the terms of the agreement. The FWC found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The FWC was also satisfied that the agreement did not include any prohibited content and was fair and reasonable in its overall effect on the employees. As a result, the FWC approved the Fowler Scaffold Pty Ltd Enterprise Agreement 2015-2019, setting out the terms and conditions of employment for the employees represented by the AMWU for the specified period.

No further orders were made beyond the approval of the enterprise agreement. The decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements and are fair and reasonable for all parties involved.

Fowler Scaffold 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