DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mr Shane Wilson
(AG2019/988)

COASTSCAFF PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 4 JULY 2019

Application for approval of the CoastScaff Pty Ltd Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Mr Shane Wilson, Director of CoastScaff Pty Ltd, for approval of the CoastScaff Pty Ltd Enterprise Agreement 2019 (the Agreement). The agreement is a single enterprise agreement.

[2] A conference was conducted on 25 June 2019, to discuss a number of matters in relation to the Agreement.

[3] Signed undertakings were provided by Mr Wilson on 27 June 2019, addressing the concerns raised.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act and clause 4 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 3 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Mr Shane Wilson applied to the Fair Work Commission for approval of the CoastScaff Pty Ltd Enterprise Agreement 2019. The dispute centred on the provisions of the proposed agreement that addressed casual employment and pay rates. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement provided for a "safety net" of minimum pay rates and conditions for casual employees, as required by the Fair Work Act. The applicant argued that the agreement adequately protected casual workers, while the respondent contended that it fell short of the statutory requirements. The Commission needed to consider the specific clauses within the agreement that addressed casual employment and whether these provisions ensured that casual employees were not disadvantaged compared to their permanent counterparts.

In making its decision, the Fair Work Commission examined the relevant sections of the agreement and compared them to the statutory provisions. The Commission found that the agreement contained adequate provisions for casual employees, including minimum pay rates and access to paid leave. It concluded that the agreement did not result in casual employees being disadvantaged when compared to permanent employees. As a result, the Commission approved the agreement under the Fair Work Act. This decision ensures that CoastScaff Pty Ltd's enterprise agreement complies with the legislative framework governing employment agreements in Australia.

Mr Shane Wilson

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established