DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KJ Industrial Scaffolding Pty Ltd
(AG2019/2216)

K.J. INDUSTRIAL SCAFFOLDING PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 18 SEPTEMBER 2019

Application for approval of the K.J. Industrial Scaffolding Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the K.J. Industrial Scaffolding Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KJ Industrial Scaffolding 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ 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.

[5] Finally it is noted that, for the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

COMMISSIONER

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd[2018] FWCFB 7501

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of KJ Industrial Scaffolding Pty Ltd, the Fair Work Commission was tasked with determining whether to approve the proposed Enterprise Agreement. This agreement was between KJ Industrial Scaffolding Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The crux of the dispute centred on whether the terms and conditions outlined in the proposed agreement were fair and reasonable, taking into account the interests of both the employees and the employer.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the relevant statutory provisions under the Fair Work Act 2009. Specifically, the Commission had to assess whether the proposed agreement met the 'better off overall test', ensuring that the employees were not worse off financially and had adequate protections and benefits. The Commission also considered the process by which the agreement was negotiated and whether it was done in good faith.

Upon reviewing the evidence and submissions, the Fair Work Commission found that the proposed agreement met the statutory requirements. The Commission concluded that the agreement provided fair and reasonable terms and conditions, meeting the better off overall test and ensuring that employees were not disadvantaged. The process of negotiation was deemed to be conducted in good faith, with adequate representation and participation from both parties. Consequently, the Commission approved the K.J. Industrial Scaffolding Pty Ltd Enterprise Agreement 2019.

The final orders included the approval of the Enterprise Agreement, which would now govern the employment terms and conditions for the employees of KJ Industrial Scaffolding Pty Ltd. This decision reinforces the importance of balancing the interests of both employers and employees while ensuring compliance with statutory obligations.

KJ Industrial 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