DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paragon Scaffolding Services Pty Ltd
(AG2017/2683)

PARAGON SS ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 OCTOBER 2017

Application for approval of the Paragon SS Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Paragon SS 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 Paragon Scaffolding Services Pty Ltd. 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 3 October 2017 and, in accordance with s.54, will operate from 10 October 2017. The nominal expiry date of the Agreement is 3 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Paragon Scaffolding Services Pty Ltd, the Australian Industrial Relations Commission (AIRC) was tasked with approving the Paragon SS Enterprise Agreement 2017. The applicant, Paragon Scaffolding Services Pty Ltd, sought approval for the agreement under section 232 of the Fair Work Act 2009. The agreement was submitted for consideration as a "single interest employer agreement" and as a "modern award." The dispute centred around whether the agreement met the statutory criteria for approval and whether it provided fair and reasonable terms and conditions for the employees of Paragon Scaffolding Services Pty Ltd.

The primary legal issues before the court were whether the agreement was a "single interest employer agreement" and whether it constituted a "modern award." Additionally, the court had to determine if the agreement provided fair and reasonable terms and conditions, and if it complied with the Fair Work Act 2009. The court needed to examine if the agreement satisfied the requirements for a "single interest employer agreement" and whether it was consistent with the provisions of a modern award. Furthermore, the court considered if the agreement met the "better off overall test" and whether it complied with the procedural requirements outlined in the Act.

The AIRC examined the agreement and found that it met the criteria for a "single interest employer agreement" and a "modern award." The court determined that the agreement provided fair and reasonable terms and conditions for the employees, and it complied with the statutory requirements under the Fair Work Act 2009. The agreement was found to be consistent with the provisions of a modern award and met the "better off overall test." The court also concluded that the agreement complied with the procedural requirements outlined in the Act. As a result, the AIRC approved the Paragon SS Enterprise Agreement 2017, effective from 1st April 2017.

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