DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skyline Scaffolding and Shoring Services Pty Ltd
(AG2015/5579)

SKYLINE SCAFFOLDING AND SHORING SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 OCTOBER 2015

Application for approval of the Skyline Scaffolding and Shoring Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Skyline Scaffolding and Shoring Services Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skyline Scaffolding and Shoring Services Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 22 October 2015 and, in accordance with s.54, will operate from 29 October 2015. The nominal expiry date of the Agreement is 22 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skyline Scaffolding and Shoring Services Pty Ltd, the applicant, sought the Fair Work Commission's approval of the Skyline Scaffolding and Shoring Services Pty Ltd Enterprise Agreement 2015. The respondent, the Australian Building and Construction Commission, opposed the application on the basis that the agreement was not fair and appropriate for the employees covered by the agreement. The applicant contended that the agreement was fair and appropriate, meeting the requirements of the Fair Work Act 2009.

The central legal issues before the court were whether the agreement met the statutory requirements for fairness and appropriateness, as set out in the Fair Work Act 2009. This included assessing whether the agreement provided for a safety net of minimum wages and conditions, promoted productivity and economic efficiency, and provided for the timely and appropriate resolution of workplace disputes. The court also needed to consider whether the agreement provided for proper consultation and negotiation between the employer and employees, and whether it was free from any improper influence or coercion.

In determining the matter, the Fair Work Commission considered the evidence presented by both parties, including submissions, witness statements, and the terms of the agreement itself. The Commission found that the agreement provided for a safety net of minimum wages and conditions, and that it promoted productivity and economic efficiency. The Commission also found that the agreement provided for proper consultation and negotiation between the employer and employees, and that it was free from any improper influence or coercion. The Commission concluded that the agreement was fair and appropriate, and approved it accordingly.

The final orders of the Fair Work Commission were that the Skyline Scaffolding and Shoring Services Pty Ltd Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the register of approved agreements and would come into effect from the date of the decision.

Skyline Scaffolding and Shoring Services 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