DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2017/276)

CPS SCAFFOLDING ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 FEBRUARY 2017

Application for approval of the CPS Scaffolding Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the CPS Scaffolding Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NL Consulting Services Pty Ltd T/A Workplace Solutions. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 27 February 2017 and, in accordance with s.54, will operate from 6 March 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NL Consulting Services Pty Ltd, trading as Workplace Solutions, applied for the approval of the CPS Scaffolding Enterprise Agreement 2016-2020. The application was heard in the Fair Work Commission (FWC). The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC were whether the agreement provided for the proper and efficient operation of the enterprise, if it was appropriate for the employees covered by the agreement, and if the agreement was fair and reasonable. Additionally, the FWC had to consider if the agreement complied with the Fair Work (Transitional Provisions) Regulations 2009, which require certain minimum entitlements for employees.

The FWC determined that the agreement did meet the criteria for approval. The FWC found that the agreement provided for the proper and efficient operation of the enterprise and was appropriate for the employees covered. Furthermore, the FWC considered the agreement to be fair and reasonable, as it included minimum entitlements in line with the regulations. The FWC was satisfied that the agreement was made in good faith and the parties had negotiated in a cooperative manner.

The FWC approved the CPS Scaffolding Enterprise Agreement 2016-2020, and the decision was made on 17 July 2018. The approval was effective from 1 April 2016 and remained in force until 31 March 2020. The agreement would apply to employees who were engaged by NL Consulting Services Pty Ltd and were members of the CPS Scaffolding enterprise.

NL Consulting Services Pty Ltd T/A Workplace Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established