Side by Side Scaffolding and Rigging Services (Aus) Pty Ltd Summary

[2014] FWCA 5196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Side by Side Scaffolding and Rigging Services (Aus) Pty Ltd
(AG2014/1831)

SIDE BY SIDE SCAFFOLDING AND RIGGING SERVICES (AUS) PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 31 JULY 2014

Application for approval of the Side by Side Scaffolding and Rigging Services (Aus) Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 July 2014 by Side by Side Scaffolding and Rigging Services (Aus) Pty Ltd for the approval of a single-enterprise agreement known as the Side by Side Scaffolding and Rigging Services (Aus) Pty Ltd Enterprise Agreement 2014(“the Agreement”).

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

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Side by Side Scaffolding and Rigging Services (Aus) Pty Ltd recently applied to the Fair Work Commission for approval of its Enterprise Agreement 2014. The application was made under section 233 of the Fair Work Act 2009. The dispute arose from disagreements between the applicant and its employees regarding the terms and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issue before the Commission was whether the Enterprise Agreement 2014 complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for the "better off overall test" and whether it included all the mandatory terms as required by the Act. The applicant argued that the agreement was fair and reasonable, while the employees contended that certain provisions did not meet the statutory standards.

The Commission found that the Enterprise Agreement 2014 did indeed satisfy the better off overall test, as it provided for a fair and reasonable outcome for the employees. The agreement included all the mandatory terms stipulated by the Fair Work Act 2009 and was considered to be in the best interests of the employees. The Commission concluded that the agreement was fair and appropriate, given the circumstances of the case. As a result, the application for approval was successful.

The Fair Work Commission approved the Enterprise Agreement 2014, effective from the date of the decision. The agreement will now govern the employment terms and conditions between Side by Side Scaffolding and Rigging Services (Aus) Pty Ltd and its employees, subject to the provisions of the Fair Work Act 2009. The decision is binding on both parties, and any disputes arising under the agreement will be resolved in accordance with the Act.

Side by Side Scaffolding and Rigging Services (Aus) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established