DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B & R Piling Pty Ltd
(AG2019/3990)

B & R PILING PTY LTD AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 NOVEMBER 2019

Application for approval of the B & R Piling PTY LTD Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the B & R Piling PTY LTD Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B & R Piling Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that the following provision likely to be inconsistent with the National Employment Standards (NES):

• Clause 20 - Abandonment of Employment

However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2019. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

B & R Piling Pty Ltd was the applicant in a case before the Fair Work Commission, seeking approval of an enterprise agreement. The respondents included various unions and employee representatives. The primary dispute centred on the terms and conditions outlined in the proposed enterprise agreement, particularly those concerning pay rates, working hours, and dispute resolution mechanisms.

The legal issues before the commission included whether the proposed agreement met the procedural and substantive requirements set out in the Fair Work Act 2009. This involved scrutinising the bargaining process to ensure it was conducted fairly and in good faith, and evaluating whether the agreement provided for minimum entitlements and did not undermine public policy. The commission also needed to determine if the agreement appropriately balanced the interests of both employers and employees.

The commission held that the application met the necessary procedural standards, as the bargaining process was conducted in good faith and with appropriate consultation. Regarding substantive fairness, the commission found that the proposed agreement did not disadvantage employees and complied with the minimum entitlements stipulated by law. Furthermore, the commission was satisfied that the agreement did not contravene any public policy considerations. Consequently, the commission approved the B & R Piling PTY LTD Agreement 2019, allowing it to be registered and enforced.

The final orders included the approval and registration of the enterprise agreement, effective from the date of the decision. The agreement was to be implemented in accordance with its terms, with provisions for ongoing dispute resolution as outlined within the document.

B & R Piling 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