Quik-Scaff Pty Ltd

[2024] FWCA 3728

[2024] FWCA 3728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Quik-Scaff Pty Ltd

(AG2024/3771)

QUIK-SCAFF PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER SLOAN	SYDNEY, 28 OCTOBER 2024

Application for approval of the Quik - Scaff Pty Ltd Enterprise Agreement 2024

1. Quik-Scaff Pty Limited (“the Employer”) has made an application for approval of an enterprise agreement known as the Quik – Scaff Pty Ltd Enterprise Agreement 2024 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

2. The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s 188(5) of the Act and am satisfied that the employees are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act

3. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

4. Subject to the undertaking, on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.

5. The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 4 November 2024. The nominal expiry date of the Agreement is 28 October 2028.

COMMISSIONER

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Annexure A