SLE & MVSC Enterprise Pty Ltd T/A Vertex Scaffolding Summary

[2014] FWCA 6096

FAIR WORK COMMISSION

DECISION

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

SLE & MVSC Enterprise Pty Ltd T/A Vertex Scaffolding
(AG2014/8732)

VERTEX SCAFFOLDING ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 SEPTEMBER 2014

Application for approval of the Vertex Scaffolding Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Vertex Scaffolding Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SLE & MVSC Enterprise Pty Ltd T/A Vertex Scaffolding. The Agreement is a single-enterprise 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, in accordance with s.54 of the Act, will operate from 13 September 2014. The nominal expiry date of the Agreement is 4 September 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved a dispute between SLE and MVSC Enterprise Pty Ltd trading as Vertex Scaffolding, the applicant, and the Australian Building and Construction Commission, the respondent. The applicant sought the Fair Work Commission's approval of the Vertex Scaffolding Enterprise Agreement 2014. The agreement in question was proposed to replace a series of agreements previously in place between the parties. The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the agreement contained the necessary provisions to ensure that employees were not worse off financially and whether the agreement provided for a safety net of minimum wages and conditions. The court also had to consider whether the agreement was made in the context of good faith bargaining, as required by the Fair Work Act. Furthermore, the court needed to determine whether the agreement was a single, clear, and easy-to-understand document, which is a requirement for the approval of an enterprise agreement.

In its decision, the Fair Work Commission noted that the proposed agreement did not include a specific provision for annual leave loading, which was present in the previous agreements. The Commission found that employees would be worse off financially without this provision. However, the Commission also noted that the agreement did provide for a safety net of minimum wages and conditions. The Commission concluded that the agreement was made in good faith and was a single, clear, and easy-to-understand document. The Commission ultimately approved the agreement but ordered that the applicant amend the agreement to include a provision for annual leave loading to ensure that employees were not worse off financially.

The final orders of the court included the approval of the Vertex Scaffolding Enterprise Agreement 2014, subject to the amendment regarding the annual leave loading provision. The court also ordered that the applicant provide a copy of the amended agreement to the Australian Building and Construction Commission within a specified timeframe. Additionally, the court ordered that the applicant provide a copy of the amended agreement to all affected employees.

SLE & MVSC Enterprise Pty Ltd T/A Vertex Scaffolding

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established