Papard Pty Ltd T/A Star Scaffolds; Star Labour Services Pty Ltd

[2014] FWCA 4533

FAIR WORK COMMISSION

DECISION

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

Papard Pty Ltd T/A Star Scaffolds; Star Labour Services Pty Ltd
(AG2014/6245)

GP ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 JULY 2014

Application for approval of the GP Enterprise Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 30 May 2014 by Papard Pty Ltd T/A Star Scaffolds; Star Labour Services Pty Ltd for the approval of a single-enterprise agreement known as the GP Enterprise Agreement(“the Agreement”).

[2] 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] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Papard Pty Ltd, trading as Star Scaffolds, and Star Labour Services Pty Ltd, sought approval for the GP Enterprise Agreement. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on its compliance with the provisions governing enterprise agreements. The Commission was tasked with determining whether the agreement was genuinely an enterprise agreement, whether it had been appropriately negotiated, and whether it contained the necessary minimum terms and conditions.

The central legal issue was whether the agreement was genuinely an enterprise agreement, considering the process through which it was negotiated and the extent to which it complied with the statutory framework. The applicants argued that the agreement was the product of genuine negotiations between the employer and the employees, and that it included all the mandated minimum terms. Conversely, the respondents contended that the agreement was not genuinely negotiated and did not meet the statutory requirements for approval.

The Commission examined the evidence and submissions from both parties to determine whether the agreement was genuinely negotiated and contained all the necessary minimum terms. It assessed the process through which the agreement was developed and whether there was a sufficient level of employee participation. The Commission found that the agreement was indeed the result of genuine negotiations and contained all the mandated minimum terms. Consequently, the Commission approved the agreement, confirming that it complied with the statutory requirements under the Fair Work Act 2009.

As a result of the Commission's decision, the GP Enterprise Agreement was approved and became legally binding for the parties involved. The final orders included the formal approval of the agreement, ensuring that it would govern the employment conditions for the employees of Papard Pty Ltd and Star Labour Services Pty Ltd as per the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established