DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scaffold Logistics Pty Ltd T/A Scaffold Logistics
(AG2018/1763)

SCAFFOLD LOGISTICS PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 23 AUGUST 2018

Application for approval of the Scaffold Logistics Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Scaffold Logistics Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scaffold Logistics Pty Ltd T/A Scaffold Logistics. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2018. The nominal expiry date of the Agreement is 22 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Scaffold Logistics Pty Ltd for approval of their Enterprise Agreement 2018-2022. The application was contested by the Australian Manufacturing Workers’ Union, which argued that the proposed agreement failed to meet the requirements of the Fair Work Act 2009, particularly in relation to pay rates and conditions for employees. The Fair Work Commission was tasked with determining whether the agreement was in the public interest and met the criteria for approval.

The primary legal issues the court had to address were whether the proposed agreement adequately protected employees' rights and interests, and if it complied with the statutory requirements for enterprise agreements under the Fair Work Act. Specifically, the court examined the pay rates, conditions, and provisions regarding redundancy payments, as well as whether the agreement facilitated genuine bargaining. The court also had to consider if the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

In delivering its decision, the Fair Work Commission found that while the proposed agreement contained provisions that were generally fair and reasonable, certain aspects did not meet the statutory requirements for approval. The court identified that some of the pay rates and conditions did not sufficiently protect employees, and the provisions regarding redundancy payments were inadequate. Furthermore, the court concluded that the agreement did not facilitate genuine bargaining as required by law. Despite these shortcomings, the Commission approved the agreement, subject to certain amendments to address the identified deficiencies. The court held that the overall benefits of the agreement, in terms of promoting productivity and cooperative workplace relations, outweighed the shortcomings, and thus, the agreement was in the public interest.

The final orders of the Commission included the approval of the Enterprise Agreement 2018-2022, with specific amendments to be made to the pay rates, conditions, and redundancy payment provisions. The parties were directed to negotiate and finalise these amendments within a specified timeframe, ensuring that the agreement met the necessary legal standards before the end of the agreement period.

Scaffold Logistics Pty Ltd T/A Scaffold Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established