Quik-Scaff Pty Ltd

[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

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.
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
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.
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.
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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Quik-Scaff Pty Ltd, a scaffolding company, which had applied for the approval of its enterprise agreement for the year 2024. The Fair Work Commission was the body before which the application was made, and the dispute centred around the terms and conditions outlined in the proposed agreement. Various stakeholders, including employee representatives, had raised objections to certain provisions, asserting that they were not fair and reasonable.

The legal issues before the court were primarily whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing if the agreement provided for fair and reasonable terms and conditions, including matters such as minimum wages, classification of employees, hours of work, and other employment-related terms. The court also had to consider the balance of power between the employer and employees, and whether the agreement provided for a fair and efficient process for resolving disputes.

The Fair Work Commission examined the proposed agreement in detail, taking into account the submissions from both Quik-Scaff Pty Ltd and the employee representatives. The Commission considered the nature of the business, the bargaining positions of the parties, and the fairness of the terms proposed. After careful deliberation, the Commission found that the agreement met the statutory requirements and was fair and reasonable. The Commission approved the enterprise agreement, noting the satisfactory provisions for minimum wages, employee classification, and dispute resolution mechanisms, among other factors.

The court's final orders were that the Quik-Scaff Pty Ltd Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009. This decision would allow the terms of the agreement to take effect, providing a legally binding framework for the employment relationship between Quik-Scaff Pty Ltd and its employees for the year 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established