Intrepid Scaffolding Pty Ltd Summary

[2024] FWCA 3466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Intrepid Scaffolding Pty Ltd

(AG2024/3301)

INTREPID SCAFFOLDING COOMERA CONNECTOR CENTRAL AWU CIVIL WORKS GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 2 OCTOBER 2024

Application for approval of the Intrepid Scaffolding Coomera Connector Central AWU Civil Works Greenfields Agreement 2024

An application has been made for the approval of a greenfields agreement known as the Intrepid Scaffolding Coomera Connector Central AWU Civil Works Greenfields Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Intrepid Scaffolding Pty Ltd (the Applicant).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

On 27 September 2024, the Applicant filed an amended version of the agreement as the agreement lodged contained a typographical error at clause 12.3.1. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

In accordance with s. 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (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.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 22 August 2026.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application by Intrepid Scaffolding Pty Ltd for approval of the Intrepid Scaffolding Coomera Connector Central AWU Civil Works Greenfields Agreement 2024. The application was brought under the Fair Work Act 2009, specifically in relation to the approval of an enterprise agreement that had been negotiated between the applicant and the Australian Workers' Union. The dispute centred on whether the agreement met the statutory requirements for approval, including the necessity to ensure it did not adversely affect employees' job security, wages, and conditions.

The primary legal issue the court had to address was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly those concerning job security, wages, and conditions. The court needed to determine if the agreement adequately protected employees' rights and interests. Additionally, the court examined whether the agreement had been genuinely negotiated and if the process followed adhered to the statutory requirements for approval.

In its reasoning, the court thoroughly examined the contents of the agreement, noting the provisions related to job security, wages, and working conditions. It found that the agreement provided sufficient protections for employees and did not adversely affect their rights and interests. The court also considered the negotiation process and was satisfied that it had been conducted in accordance with the Act. Given these findings, the court concluded that the agreement met all the necessary criteria for approval under the Fair Work Act. Consequently, the court approved the Intrepid Scaffolding Coomera Connector Central AWU Civil Works Greenfields Agreement 2024.

Intrepid 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