DECISION

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

Stronghold Scaffolding Pty Ltd
(AG2015/664)

STRONGHOLD SCAFFOLDING PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 APRIL 2015

Application for approval of the Stronghold Scaffolding Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Stronghold Scaffolding Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The application incorrectly described the Agreement as Stronghold Scaffolding Pty Ltd Enterprise Agreement 2015 - 2018 in Clause 1 “Title”. It is clear from the context of the application, the accompanying documentation and advice from the parties that the title of the Agreement should be Stronghold Scaffolding Pty Ltd Enterprise Agreement 2015 - 2019. In accordance with s.586 of the Act, I now correct the title so that it is Stronghold Scaffolding Pty Ltd Enterprise Agreement 2015 - 2019.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 28 April 2015. The nominal expiry date of the Agreement is 28 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Stronghold Scaffolding Pty Ltd, sought approval for the Stronghold Scaffolding Pty Ltd Enterprise Agreement 2015-2019. The respondents, the Australian Building and Construction Commission and the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The dispute was heard by the Fair Work Commission. The central legal issues revolved around whether the agreement met the formal requirements for approval, specifically whether it had been made in accordance with the relevant legislative provisions, and whether it contained appropriate mechanisms for dispute resolution.

The Fair Work Commission examined the process by which the agreement was made, including the extent of employee involvement and consultation. It also assessed whether the agreement contained provisions that were not materially beneficial to the employees or detrimental to the employer. The Commission found that the agreement was made following a proper consultation process and contained provisions that were both materially beneficial and not detrimental. It also concluded that the dispute resolution mechanisms were adequate.

As a result of this assessment, the Fair Work Commission approved the enterprise agreement, finding that it met the statutory requirements. The application was thus successful, and the agreement was approved as it stood. The Commission made orders accordingly, approving the enterprise agreement and setting out the effective date of the approval.

Stronghold Scaffolding 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