KJ Industrial Scaffolding Pty Ltd T/A KJ Industrial Scaffolding Pty Ltd

[2024] FWCA 2053

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KJ Industrial Scaffolding Pty Ltd T/A KJ Industrial Scaffolding Pty Ltd

(AG2024/1695)

K.J. INDUSTRIAL SCAFFOLDING PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 JUNE 2024

Application for approval of the KJ Industrial Scaffolding Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the K.J. Industrial Scaffolding Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by KJ Industrial Scaffolding Pty Ltd Trading As KJ Industrial Scaffolding Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.[1]

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2024. The nominal expiry date of the Agreement is 14 May 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made after 6 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, KJ Industrial Scaffolding Pty Ltd, trading as KJ Industrial Scaffolding Pty Ltd, applied for the approval of their Enterprise Agreement 2024. The application was made under the Fair Work Act 2009, aiming to have the agreement registered as a registered agreement. This process is crucial for ensuring that the terms and conditions of employment are fair and meet the legal standards set by the Act.

The legal issues before the Commission were centred around whether the agreement complied with the statutory requirements of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement met the criteria for simplicity, accessibility, and the avoidance of unnecessary technical language. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both employers and employees, and whether it provided for a fair and equitable resolution of disputes.

In its decision, the Commission found that the Enterprise Agreement 2024 was clear and accessible, meeting the simplicity and language requirements of the Fair Work Act. The agreement was deemed to appropriately balance the interests of the employer and employees, providing fair terms and conditions of employment. The Commission also noted that the agreement included provisions for the resolution of disputes, which were considered adequate and fair. Consequently, the Commission approved the agreement, registering it as a registered agreement under the Fair Work Act.

No further orders were made, as the Commission found that the agreement was in compliance with all relevant statutory requirements. The approval of the Enterprise Agreement 2024 ensures that the terms and conditions of employment for the employees of KJ Industrial Scaffolding Pty Ltd are legally binding and fair.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established