DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Side by Side Scaffolding & Rigging Services (Aus) Pty Ltd
(AG2018/430)

SIDE BY SIDE SCAFFOLDING & RIGGING (AUS) PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JUNE 2018

Application for approval of the Side by Side Scaffolding & Rigging (Aus) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Side by Side Scaffolding & Rigging (Aus) Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Side by Side Scaffolding & Rigging Services (Aus) 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 is approved and, in accordance with s.54 of the Act, will operate from 26 June 2018. The nominal expiry date of the Agreement is 18 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Side by Side Scaffolding & Rigging Services (Aus) Pty Ltd sought approval of their Enterprise Agreement 2018, which was challenged by the Australian Building and Construction Commission (ABCC). The matter was heard in the Fair Work Commission, which has jurisdiction to approve or reject enterprise agreements under the Fair Work Act 2009. The central issues before the Commission were whether the agreement complied with the statutory requirements for enterprise agreements, specifically concerning the representation of the employees and the fairness of the terms.

The Commission examined the evidence regarding the representation of the employees and whether the agreement was genuinely negotiated. It considered the submissions from both parties and reviewed the processes followed in negotiating the agreement. The Commission found that the agreement was genuinely negotiated and that there was sufficient representation of the employees, thus satisfying the requirements of the Act. The Commission also assessed whether the agreement met the 'better off overall test' and was satisfied that the agreement was not worse for the employees than the applicable award or agreement and was indeed better off for some.

In approving the agreement, the Commission noted that it contained provisions that were advantageous to employees, including wage increases, improved leave provisions, and better health and safety measures. The Commission determined that the benefits provided under the agreement outweighed any potential detriments, thereby meeting the criteria for approval. The Commission's decision was based on a careful consideration of the statutory requirements and the evidence presented, leading to the conclusion that the agreement was fit for approval. The final orders of the Commission were to approve the Side by Side Scaffolding & Rigging (Aus) Pty Ltd Enterprise Agreement 2018, with the agreement to come into effect from the date of the decision.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established