SA Structural Hire Pty Ltd

[2014] FWCA 6726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SA Structural Hire Pty Ltd
(AG2014/8910)

SA STRUCTURAL HIRE PTY LTD (WA PROJECTS) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 SEPTEMBER 2014

Application for approval of the SA Structural Hire Pty Ltd (WA Projects) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SA Structural Hire Pty Ltd (WA Projects) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SA Structural Hire Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2014. The nominal expiry date of the Agreement is 1 October 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SA Structural Hire Pty Ltd (SA SH) applied to the Fair Work Commission for the approval of the SA Structural Hire Pty Ltd (WA Projects) Enterprise Agreement 2014. The applicant is a company that provides hire services for scaffolding and other equipment. The dispute arose from negotiations between the company and its employees, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The employees sought better pay and conditions. The Commission was required to determine whether the proposed agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions.

The key legal issues before the Commission were whether the agreement provided for the proper classification of employees, adequate pay rates and conditions, and whether it was consistent with the principles of the Fair Work Act 2009. The Commission considered the evidence and submissions from both parties, including expert evidence on industry benchmarks and the economic circumstances of the company. The Commission found that the proposed agreement met the statutory requirements for approval, including that it provided for fair and reasonable terms and conditions for the employees. The Commission approved the agreement, subject to certain modifications to address minor technical issues.

The Fair Work Commission approved the SA Structural Hire Pty Ltd (WA Projects) Enterprise Agreement 2014, subject to certain modifications. The modifications related to the classification of employees, pay rates, and other conditions. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions for the employees, and was consistent with the principles of the Fair Work Act 2009. The modifications were minor and did not significantly alter the overall terms and conditions of the agreement. The Commission's decision provides guidance for future enterprise agreements in the scaffolding and hire industry in Western Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established