DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scaf-West Pty Ltd
(AG2018/6612)

SCAF-WEST PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 JULY 2019

Application for approval of the Scaf-West Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Scaf-West Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scaf-West Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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] The Agreement was approved on 25 July 2019 and, in accordance with s.54, will operate from 1 August 2019. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Scaf-West Pty Ltd sought approval of the Scaf-West Pty Ltd Enterprise Agreement 2018 from the Fair Work Commission. The agreement was proposed between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing employees. The dispute arose over whether the agreement was in the best interests of the employees and the company, as required by the Fair Work Act 2009.

The primary legal issues before the Commission were whether the terms of the agreement were fair and reasonable, and if the agreement appropriately balanced the interests of both parties. The Commission had to consider various factors, including the bargaining power of the parties, the nature of the business, and the impact of the agreement on the employees' terms and conditions.

The Commission found that the agreement was fair and reasonable. The terms were negotiated in good faith, and the bargaining power of the parties was relatively equal. The agreement provided for fair and equitable outcomes for the employees, with appropriate protections and benefits. The Commission concluded that the agreement appropriately balanced the interests of both parties, taking into account the nature of the business and the economic climate.

The Commission approved the Scaf-West Pty Ltd Enterprise Agreement 2018, noting that it met the requirements of the Fair Work Act. The agreement was deemed to be in the best interests of the employees and the company, and the Commission found it to be fair and reasonable in all respects.

Scaf-West 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