DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paragon Scaffolding Pty Ltd
(AG2021/13)

PS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 15 FEBRUARY 2021

Application for approval of the PS Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the PS Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Paragon Scaffolding Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 22 February 2021. The nominal expiry date of the Agreement is 14 February 2025.

COMMISSIONER

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The applicant, Paragon Scaffolding Pty Ltd, sought approval of the PS Enterprise Agreement 2020 in the Fair Work Commission. The application was contested by a number of unions, who argued that the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009. The central dispute revolved around the fairness and adequacy of the terms and conditions proposed in the agreement, particularly in relation to pay rates, working hours, and the classification of employees. The Fair Work Commission was tasked with determining whether the agreement complied with the statutory provisions and whether it was fair and reasonable in all its terms.

The legal issues before the Commission included whether the proposed agreement adequately protected the interests of employees, whether it complied with the procedural requirements for approval, and whether it met the statutory criteria for fairness. The unions contended that the agreement failed to provide adequate protections for employees, particularly in terms of overtime pay and maximum weekly hours. They also argued that the classification of employees was not appropriate and that the agreement did not adequately address the needs of casual workers. Paragon Scaffolding Pty Ltd, on the other hand, maintained that the agreement was fair, reasonable, and complied with all statutory requirements.

In its decision, the Fair Work Commission considered the evidence presented by both parties and examined the terms of the proposed agreement in detail. The Commission found that the agreement did not adequately protect the interests of employees in certain respects, particularly in relation to overtime pay and maximum weekly hours. However, the Commission also noted that the agreement contained a number of positive features, such as provisions for flexible working arrangements and the inclusion of a dispute resolution mechanism. Ultimately, the Commission concluded that the agreement was fair and reasonable in all its terms and approved it subject to certain modifications to address the identified deficiencies.

The Fair Work Commission ordered that the PS Enterprise Agreement 2020 be approved, subject to certain modifications. The modifications included changes to the overtime pay provisions and the classification of employees to ensure that they met the statutory criteria for fairness. The Commission also directed that the agreement be amended to provide greater protections for casual workers. The unions were given the opportunity to lodge an appeal against the decision within the statutory timeframe.

Paragon Scaffolding Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established