DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caporn Foundations Pty Ltd T/A Caporn Piling
(AG2016/739)

CAPORN PILING ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 MAY 2016

Application for approval of the Caporn Piling Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Caporn Piling Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caporn Foundations Pty Ltd T/A Caporn Piling. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 6 May 2016 and, in accordance with s.54, will operate from 13 May 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Caporn Foundations Pty Ltd T/A Caporn Piling applied to the Fair Work Commission for approval of the Caporn Piling Enterprise Agreement 2016-2019. The applicant sought to have the agreement certified as a single-enterprise agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements for single-enterprise agreements, specifically if it provided for a fair and reasonable system of classification and remuneration.

The key legal issues before the court were whether the agreement provided for a fair and reasonable classification system and remuneration for employees, and if the agreement complied with the Fair Work Act. The applicant argued that the agreement was fair and reasonable, providing for a structured classification system and remuneration that aligned with industry standards. The applicant also claimed that the agreement had been negotiated in good faith and that it complied with all relevant provisions of the Act.

The Fair Work Commission examined the provisions of the agreement and the evidence presented by both parties. The Commission found that the agreement did provide for a fair and reasonable system of classification and remuneration for employees. The Commission noted that the classification system was comprehensive, covering various roles within the enterprise, and that the remuneration rates were competitive with industry standards. The Commission also found that the agreement had been negotiated in good faith and that it complied with the requirements of the Fair Work Act. Consequently, the Commission approved the Caporn Piling Enterprise Agreement 2016-2019 as a single-enterprise agreement.

The Commission's final order was that the Caporn Piling Enterprise Agreement 2016-2019 be approved as a single-enterprise agreement under the Fair Work Act 2009. The Commission found that the agreement met the necessary requirements and was fair and reasonable for the employees covered by it. The applicant's application for approval was thus granted, and the agreement was certified as a single-enterprise agreement.

Caporn Foundations Pty Ltd T/A Caporn Piling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established