DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scaffold Logistics Commercial Pty Ltd t/a Base Industries Australia
(AG2020/824)

AMWU AND SCAFFOLD LOGISTICS COMMERCIAL PTY LTD METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 APRIL 2020

Application for approval of the AMWU AND SCAFFOLD LOGISTICS COMMERCIAL PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022

[1] Scaffold Logistics Commercial Pty Ltd t/a Base Industries Australia has made an application for approval of a greenfields agreement known as the AMWU AND SCAFFOLD LOGISTICS COMMERCIAL PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with AMWU and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 9 April 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Scaffold Logistics Commercial Pty Ltd, trading as Base Industries Australia, and the Australian Manufacturing Workers' Union (AMWU) brought forward an application for the approval of a specific enterprise agreement, the Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a single, simplified, and universal enterprise agreement for the employees involved in the Melbourne Metro Tunnel and Stations Project.

The central legal issues before the Commission were whether the proposed agreement met the criteria for approval as a single, simplified, and universal enterprise agreement, and whether it complied with the requirements of the Fair Work Act. Key considerations included the agreement's coverage of all employees within the specified project, its alignment with the principles of simplicity, universality, and the avoidance of overlaps with other agreements. The Commission also examined whether the agreement provided fair and reasonable terms and conditions of employment, in line with the Act's objectives.

After reviewing the evidence and submissions from both parties, the Commission concluded that the Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022 was indeed a single, simplified, and universal enterprise agreement. The Commission found that the agreement met all statutory requirements and provided fair and reasonable terms and conditions for the employees. The Commission approved the agreement, recognising its appropriateness for the specific project and its alignment with the principles of the Fair Work Act.

The Fair Work Commission approved the Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022 as a single, simplified, and universal enterprise agreement. The approval was effective from the date of the Commission's decision, ensuring that the agreement would apply to all eligible employees involved in the Melbourne Metro Tunnel and Stations Project. The Commission's decision was based on the comprehensive review of the agreement and its compliance with the statutory requirements under the Fair Work Act.

Scaffold Logistics Commercial Pty Ltd t/a Base Industries Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established