Scaf-West Pty Ltd Summary

[2014] FWCA 8313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scaf-West Pty Ltd
(AG2014/8974)

SCAF-WEST PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the Scaf-West Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Scaf-West Pty Ltd 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 Scaf-West 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, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 20 November 2014 and, in accordance with s.54, will operate from 27 November 2014. The nominal expiry date of the Agreement is 19 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Scaf-West Pty Ltd Enterprise Agreement 2014. The applicant, Scaf-West Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The dispute involved whether the agreement met the requirements for being registered as a greenfield agreement, which would allow for its registration without the necessity of a vote by the employees. The opposing party, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), argued that the agreement did not meet the necessary criteria for greenfield status.

The primary legal issue the Commission had to address was whether the Scaf-West Pty Ltd Enterprise Agreement 2014 fulfilled the criteria for being classified as a greenfield agreement. Specifically, the Commission needed to determine whether the agreement had been negotiated in good faith, whether it covered all employees within the relevant bargaining unit, and whether it contained minimum terms and conditions of employment that were no less favourable than those provided by the relevant modern award. Additionally, the Commission had to consider whether the agreement was fair and reasonable and whether it provided for proper mechanisms for dispute resolution.

The Commission found that the Scaf-West Pty Ltd Enterprise Agreement 2014 met the criteria for being approved as a greenfield agreement. The Commission was satisfied that the agreement had been negotiated in good faith, covered all employees within the bargaining unit, and contained minimum terms and conditions that were no less favourable than those provided by the relevant modern award. The Commission also determined that the agreement was fair and reasonable and provided for appropriate mechanisms for dispute resolution. Consequently, the Commission approved the agreement, allowing it to be registered without the need for a vote by the employees.

The final orders of the Commission were that the Scaf-West Pty Ltd Enterprise Agreement 2014 be approved and registered as a greenfield agreement under the Fair Work Act 2009. The agreement would now be in effect, governing the terms and conditions of employment for the relevant employees. The Commission's decision was made on the basis that the agreement met all the necessary criteria for registration and approval, ensuring that the rights and protections of the employees were upheld.

Scaf-West Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established