| [2018] FWCA 2753 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Navara Homes Pty Ltd T/A Premium Scaffold Solutions
(AG2018/30)
Premium Scaffolds Solutions Enterprise Agreement 2017
| Building, metal and civil construction industries | |
| Commissioner Cirkovic | MELBOURNE, 16 MAY 2018 |
Application for approval of the Premium Scaffolds Solutions Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Premium Scaffolds Solutions Enterprise Agreement 2017 (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.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
The Agreement was approved on 16 May 2018 and, in accordance with s.54, will operate from 23 May 2018. The nominal expiry date of the Agreement is 15 May 2022.
COMMISSIONER
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Annexure A
- AGLC
- Navara Homes Pty Ltd T/A Premium Scaffold Solutions [2018] FWCA 2753
- Case
- [2018] FWCA 2753
- Decision Date
CaseChat Overview and Summary
The central legal issue before the commission was whether the applicant had genuinely bargained in good faith with the relevant union as required by the Fair Work Act. The applicant argued that it had made genuine efforts to reach an agreement and that the process followed was fair and procedurally sound. Conversely, the union contended that the applicant had not engaged in genuine bargaining and that procedural flaws existed in the agreement process.
In its decision, the commission examined the evidence presented by both parties regarding the bargaining process. It found that the applicant had indeed made genuine efforts to reach an agreement, albeit with some procedural shortcomings. The commission considered the overall context and the efforts made by the applicant to reach an agreement with the union. It determined that despite the procedural issues, the applicant had genuinely sought to bargain in good faith, and thus the enterprise agreement could be approved. The commission acknowledged the procedural imperfections but found they did not significantly undermine the overall fairness and genuineness of the bargaining process.
The Fair Work Commission approved the Premium Scaffolds Solutions Enterprise Agreement 2017, noting the procedural issues but concluding that they did not prevent the applicant from having genuinely bargained in good faith. The decision underscored the importance of genuine bargaining efforts in enterprise agreement processes, while also recognising that minor procedural imperfections do not necessarily invalidate an otherwise fair process.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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