DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KGN Scaffold Pty Ltd T/A All State Construction Solutions
(AG2016/1530)

KGN SCAFFOLD PTY LTD (TRADING AS ALL STATE CONSTRUCTION SOLUTIONS) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 JULY 2016

Application for approval of the KGN Scaffold Pty Ltd (Trading as All State Construction Solutions) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the KGN Scaffold Pty Ltd (Trading as All State Construction Solutions) Enterprise 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 KGN Scaffold Pty Ltd T/A All State Construction Solutions. 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 contained a minor error at Schedule 3, clause 1.2. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2016. The nominal expiry date of the Agreement is 5 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of KGN Scaffold Pty Ltd, trading as All State Construction Solutions, an application was made for the approval of the Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement should be certified as a single, useful and fair enterprise agreement under the Fair Work Act 2009. The application arose from negotiations between the employer and the employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union.

The legal issues before the Commission centred on whether the agreement met the criteria for certification, including whether it contained only matters that could be the subject of an enterprise agreement, was in writing and signed by a majority of the employees, and was not discriminatory. The Commission also needed to consider whether the agreement provided for proper procedures for its review and variation, and whether it contained appropriate provisions for the protection of employees' rights.

The Commission found that the agreement met all the statutory requirements for certification. It was concluded that the agreement was in writing, signed by a majority of the employees, and contained only matters that could be the subject of an enterprise agreement. The Commission also found that the agreement provided for proper procedures for its review and variation, and contained appropriate provisions for the protection of employees' rights. After considering all the evidence and submissions, the Commission certified the agreement as a single, useful and fair enterprise agreement.

The Fair Work Commission certified the KGN Scaffold Pty Ltd (Trading as All State Construction Solutions) Enterprise Agreement 2016 as a single, useful and fair enterprise agreement under the Fair Work Act 2009. This decision provides certainty for the employer and employees in relation to their employment conditions, and ensures that the agreement is in accordance with the principles of the national workplace relations system.

KGN Scaffold Pty Ltd T/A All State Construction Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established