DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scape Enterprises Pty Ltd T/A Thomas Scaffolding
(AG2020/655)

SCAPE ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 MARCH 2020

Application for approval of the Scape Enterprises Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Scape Enterprises Pty Ltd Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 2 April 2020. The nominal expiry date of the Agreement is 25 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Scape Enterprises Pty Ltd T/A Thomas Scaffolding, the applicant sought approval of the Scape Enterprises Pty Ltd Enterprise Agreement 2020-2024. The applicant, a scaffolding company, argued that the agreement provided for fair and reasonable terms and conditions for its employees, and was therefore suitable for approval by the Fair Work Commission. The nature of the dispute involved the fairness and reasonableness of the terms and conditions set out in the agreement, which the applicant claimed reflected the needs of the industry and provided for appropriate wage increases and other benefits.

The legal issues before the court centred on whether the agreement was fair and reasonable in all respects, and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the court was required to consider whether the agreement provided for appropriate wage increases and other benefits, whether it addressed the needs of the industry and the employees, and whether it complied with the various provisions of the Act that govern enterprise agreements.

In delivering its decision, the court found that the agreement was fair and reasonable in all respects, and was in compliance with the requirements of the Act. The court noted that the agreement provided for appropriate wage increases and other benefits, and that it addressed the needs of the industry and the employees. The court also found that the agreement complied with the various provisions of the Act that govern enterprise agreements, including the requirement that the agreement be in writing and be signed by the parties. The court concluded that the agreement was suitable for approval, and granted the application for approval of the Scape Enterprises Pty Ltd Enterprise Agreement 2020-2024.

Scape Enterprises Pty Ltd T/A Thomas Scaffolding

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established