The Trustee for Hunts Family Trust T/A Storm Scaffolding

[2013] FWCA 7320

FAIR WORK COMMISSION

DECISION

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

The Trustee for Hunts Family Trust T/A Storm Scaffolding
(AG2013/9191)

STORM SCAFFOLDING ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 23 SEPTEMBER 2013

Application for approval of the Storm Scaffolding Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 September 2013 by The Trustee for Hunts Family Trust T/A Storm Scaffolding for the approval of a single-enterprise agreement known as the Storm Scaffolding Enterprise Agreement 2013 (“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] On 18 September 2013 the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[4] In light of the Employer’s undertakings, 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.

[5] 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

In the recent decision of The Trustee for Hunts Family Trust T/A Storm Scaffolding, the Fair Work Commission (FWC) was tasked with considering the application for approval of the Storm Scaffolding Enterprise Agreement 2013. The dispute arose between the applicant, Storm Scaffolding, and various employees represented by the Building Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The core issue revolved around whether the proposed enterprise agreement adequately met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the FWC were primarily whether the agreement provided for the terms and conditions of employment that were fair and portable and whether it complied with the procedural requirements for approval. The applicant argued that the agreement was fair and met the necessary standards, while the CFMEU contended that certain provisions of the agreement did not comply with the legislative requirements and were not in the best interests of the employees.

The FWC assessed the agreement against the criteria set out in the Fair Work Act, focusing on whether it provided for fair and portable terms and conditions and whether it complied with the procedural requirements for approval. The Commission found that while most of the agreement was compliant, certain provisions regarding shift penalties and the calculation of overtime were not fully aligned with the legislative framework. Despite these issues, the FWC determined that the overall agreement was fair and portable, and granted approval, noting the procedural fairness observed in its development.

The final orders of the FWC were that the Storm Scaffolding Enterprise Agreement 2013 be approved with the modifications necessary to bring it into compliance with the Fair Work Act, including specific adjustments to the provisions on shift penalties and overtime calculations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established