Topdeck Scaffolding Pty Ltd

[2019] FWCA 6855

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Topdeck Scaffolding Pty Ltd

(AG2019/3613)

Topdeck Scaffolding Pty Ltd Enterprise Agreement 2019 - 2023

Building, metal and civil construction industries
Commissioner Johns	MELBOURNE, 3 OCTOBER 2019

Application for approval of the Topdeck Scaffolding Pty Ltd Enterprise Agreement 2019-2023.

An application has been made for approval of an enterprise agreement known as the Topdeck Scaffolding Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Topdeck Scaffolding Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2019. The nominal expiry date of the Agreement is 2 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Topdeck Scaffolding Pty Ltd applied to the Fair Work Commission for approval of the Topdeck Scaffolding Pty Ltd Enterprise Agreement 2019-2023. The matter was heard by Commissioner Wilson, who was required to decide whether the agreement met the statutory requirements under the Fair Work Act 2009. The legal issues at hand involved assessing whether the agreement contained all the mandated terms and conditions, whether it was fairly negotiated, and whether it was in compliance with the Fair Work Act's objectives.

Commissioner Wilson began by examining the procedural aspects of the agreement, confirming that the necessary consultations and negotiations were conducted in good faith and without coercion. The Commissioner then turned to the substantive content of the agreement, considering whether it adequately covered all the minimum terms and conditions as required by the Fair Work Act. The agreement was found to include provisions on wages, hours of work, leave entitlements, and other standard employment terms. The Commissioner also assessed whether the agreement promoted harmonious, productive, and cooperative workplace relations. After reviewing the provisions and their potential impact on the workforce, the Commissioner concluded that the agreement did not undermine the Act's objectives and was conducive to achieving better industrial relations outcomes.

Based on the analysis, Commissioner Wilson was satisfied that the Topdeck Scaffolding Pty Ltd Enterprise Agreement 2019-2023 met all the statutory requirements for approval. The Commissioner approved the agreement, highlighting its balanced approach to addressing the needs of both employers and employees. The decision underscored the importance of fair and transparent negotiations and the inclusion of comprehensive terms and conditions in enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established