DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paragon Scaffolding Services Pty Ltd
(AG2015/719)

PARAGON SS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 APRIL 2015

Application for approval of the Paragon SS Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Paragon SS Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Paragon Scaffolding Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 1 April 2015 and, in accordance with s.54, will operate from 8 April 2015. The nominal expiry date of the Agreement is 1 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Paragon Scaffolding Services Pty Ltd applied to the Fair Work Commission for approval of the Paragon SS Enterprise Agreement 2015. The applicants were the employer and a union. The dispute centred around whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner M. A. Richards, was tasked with determining whether the agreement complied with the legal standards for enterprise agreements.

The central legal issues before the court were whether the agreement had been made in good faith, whether it met the minimum standards set out in the Fair Work Act, and whether it had been appropriately negotiated. Additionally, the court had to consider whether the agreement was procedurally sound, particularly regarding the manner in which the union had been consulted and whether the agreement had been properly presented to the employees for their consideration and vote.

The court examined the evidence presented regarding the negotiation process and found that the agreement had been made in good faith and met all statutory requirements. The union had adequately consulted with its members, and the agreement was found to comply with the minimum standards prescribed by the Fair Work Act. The procedural fairness was upheld as the union had provided all necessary information to its members, who had then been given an opportunity to vote on the agreement. Given these findings, the court approved the enterprise agreement.

The Fair Work Commission approved the Paragon SS Enterprise Agreement 2015, confirming its compliance with the relevant legislative requirements. The agreement was deemed to be made in good faith, met the minimum standards, and had been properly negotiated and presented to the employees. The decision was made on the basis that the union had fulfilled its obligations under the Fair Work Act and the agreement itself satisfied all statutory criteria.

Paragon Scaffolding Services 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