DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J and I Scaffolding Pty Ltd
(AG2016/7752)

J AND I SCAFFOLDING PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 FEBRUARY 2017

Application for approval of the J and I Scaffolding Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the J and I Scaffolding Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J and I Scaffolding 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 15 February 2017 and, in accordance with s.54, will operate from 22 February 2017. The nominal expiry date of the Agreement is 15 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for approval of the J and I Scaffolding Pty Ltd Enterprise Agreement 2016 - 2020. The applicant, J and I Scaffolding Pty Ltd, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The nature of the dispute centred on whether the agreement met the requirements of the legislation, including whether the agreement had been made in good faith and whether it contained the mandated minimum entitlements for employees.

The legal issues before the Commission were whether the enterprise agreement complied with the formal requirements of the Act, whether it was made in good faith, and whether it provided for the mandated minimum entitlements. The applicant needed to demonstrate that the agreement was negotiated fairly and in good faith, that it covered all employees within the designated bargaining unit, and that it met the minimum standards set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement contained terms that were contrary to public policy or that had been negotiated in bad faith.

The Fair Work Commission found that the enterprise agreement met all the necessary legal requirements. The Commission was satisfied that the agreement had been negotiated in good faith and contained all the mandated minimum entitlements. Furthermore, the agreement was deemed to comply with the formal requirements of the Act, including that it was in writing and signed by authorised representatives of both parties. The Commission approved the agreement, finding that it provided a fair and reasonable outcome for all employees within the designated bargaining unit.

As a result of the Commission's decision, the J and I Scaffolding Pty Ltd Enterprise Agreement 2016 - 2020 was approved and registered under the Fair Work Act. The agreement now legally binds the employer and the employees within the designated bargaining unit for the duration of the agreement. The approval of the agreement ensures that the employees are entitled to the minimum entitlements set out in the Act, as well as any additional terms negotiated between the parties.

J and I Scaffolding 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