Navara Homes Pty Ltd T/A Premium Scaffold Solutions

[2022] FWCA 3691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Navara Homes Pty Ltd T/A Premium Scaffold Solutions

(AG2022/4326)

Premium Scaffold Solutions Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 26 OCTOBER 2022

Application for approval of the Premium Scaffold Solutions Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Premium Scaffold Solutions Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Navara Homes Pty Ltd T/A Premium Scaffold Solutions. The Agreement is a single enterprise agreement.

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.

The Agreement was approved on 26 October 2022 and, in accordance with s.54, will operate from 2 November 2022. The nominal expiry date of the Agreement is 26 October 2026.

COMMISSIONER

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CaseChat Overview and Summary

Navara Homes Pty Ltd, trading as Premium Scaffold Solutions, sought approval of the Premium Scaffold Solutions Enterprise Agreement 2022. The application was heard by the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application, arguing that the agreement was not in the best interests of the employees.

The legal issues before the Commission involved the fairness and compliance of the agreement with the statutory requirements. The Commission had to determine whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it met the "better off overall test". The Commission also considered the submissions from both parties and relevant legislative provisions.

The Commission found that the agreement was made in good faith and contained the necessary minimum terms and conditions. It also concluded that the agreement met the "better off overall test", as it provided employees with a better overall package of pay and conditions compared to the applicable award. The Commission noted the union's concerns regarding specific provisions but found that they were not significant enough to undermine the overall fairness of the agreement. Therefore, the Commission approved the Premium Scaffold Solutions Enterprise Agreement 2022.

The Fair Work Commission approved the Premium Scaffold Solutions Enterprise Agreement 2022, effective from the date of the decision. The agreement now sets the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established