DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KJ Industrial Scaffolding Pty Ltd
(AG2015/4550)

K.J. INDUSTRIAL SCAFFOLDING PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 AUGUST 2015

Application for approval of the KJ Industrial Scaffolding Pty Ltd Enterprise Agreement 2015.

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

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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 Port Kembla South Coast & Southern Highlands Branch 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 August 2015 and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date of the Agreement is 14 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, KJ Industrial Scaffolding Pty Ltd, sought approval of the Enterprise Agreement 2015. The applicant is an employer within the scaffolding industry, and the dispute centred on whether the agreement provided for the terms and conditions of employment for its employees in a fair and reasonable manner. The dispute was referred to the Commission by a party to the agreement, and the Fair Work Act 2009 provided the legal framework for the Commission's consideration of the matter.

The legal issues before the Commission included whether the agreement contained all the mandatory terms prescribed by the Act, whether the agreement provided for a fair and reasonable way of determining employees' terms and conditions of employment, and whether the agreement had been genuinely agreed to by the parties. The Commission also had to consider whether the agreement provided for a safety net of minimum terms and conditions of employment and whether it was in the best interests of the employees.

The Commission found that the agreement contained all the mandatory terms prescribed by the Act, and that it provided for a fair and reasonable way of determining employees' terms and conditions of employment. The Commission was satisfied that the agreement had been genuinely agreed to by the parties and that it provided for a safety net of minimum terms and conditions of employment. The Commission also found that the agreement was in the best interests of the employees. The Commission approved the agreement and made an order accordingly.

The Commission's order approved the Enterprise Agreement 2015 as a registered agreement under section 179 of the Act. The order also provided that the agreement would be taken to have effect from the date of the Commission's decision. The order was binding on all parties to the agreement, including the applicant and the employees covered by the agreement. The order was also binding on any future employees who were employed by the applicant and who were covered by the agreement.

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