DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mullaloo Construction Services Pty Ltd and Skyway Construction Services Pty Ltd T/A Scorpion Scaffold
(AG2014/10953)

SCORPION SCAFFOLDING ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	SYDNEY, 28 MAY 2015

Application for approval of the Scorpion Scaffolding Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Scorpion Scaffolding Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mullaloo Construction Services Pty Ltd and Skyway Construction Services Pty Ltd T/A Scorpion Scaffold. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Mullaloo Construction Services Pty Ltd and Skyway Construction Services Pty Ltd T/A Scorpion Scaffold. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2015. The nominal expiry date of the Agreement is 28 May 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Mullaloo Construction Services Pty Ltd and Skyway Construction Services Pty Ltd, trading as Scorpion Scaffold, applied for the approval of the Scorpion Scaffolding Enterprise Agreement 2014. The applicants sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The application arose from negotiations between the companies and the Building, Construction, Forestry, Maritime, Energy and Related Industries Union (the Union). The Union had concerns about certain aspects of the proposed agreement, leading to the need for the Commission's intervention.

The primary legal issues the Commission had to address were whether the agreement had been made in accordance with the requirements of the Fair Work Act and whether the agreement met the standards set out in the Act for approval. Specifically, the Commission needed to determine if the agreement had been made fairly and in good faith, and if it contained the minimum terms and conditions of employment as required by the Act. Additionally, the Commission considered whether the agreement provided for proper consultation and negotiation processes, and if the provisions were consistent with the provisions of the Act.

In reaching its decision, the Commission examined the negotiation process, the terms of the agreement, and the evidence provided by the parties. The Commission found that the negotiation process had been conducted in good faith and that the agreement contained the necessary minimum terms and conditions. The Commission also noted that the agreement provided for proper consultation and negotiation processes, and that the terms were consistent with the Act. After considering all the evidence and arguments presented, the Commission approved the agreement, finding that it met all the legal requirements for registration.

As a result of the approval, the Scorpion Scaffolding Enterprise Agreement 2014 was registered under the Fair Work Act. The agreement now binds the employees covered by it and the employers involved in the application. The decision ensures that the employees will be covered by the terms and conditions set out in the agreement, and provides certainty and stability in the employment relationship. The Commission's approval of the agreement also contributes to the broader objectives of the Fair Work Act, including the promotion of harmonious, productive and cooperative workplace relations.

Mullaloo Construction Services Pty Ltd and Skyway Construction Services Pty Ltd T/A Scorpion Scaffold

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established