Caporn Piling

[2013] FWCA 1704

FAIR WORK COMMISSION

DECISION

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

Caporn Piling
(AG2013/560)

CAPORN PILING - QUEENSLAND AND NORTHERN NEW SOUTH WALES ENTERPRISE AGREEMENT 2012 - 2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 MARCH 2013

Application to approve the Caporn Piling - Queensland and Northern New South Wales Enterprise Agreement 2012 - 2016.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 March 2013 by Caporn Piling for the approval of a single-enterprise agreement known as the Caporn Piling - Queensland and Northern New South Wales Enterprise Agreement 2012 - 2016 (“the Agreement”).

[2] On 19 March 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] 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

The applicants, Caporn Piling, sought approval for an enterprise agreement under the Fair Work Act 2009. The dispute involved the proposed agreement, the Caporn Piling - Queensland and Northern New South Wales Enterprise Agreement 2012 - 2016, which was to be applied to employees of Caporn Piling in Queensland and Northern New South Wales. The applicants argued that the agreement was appropriate for the workers, while the respondents, represented by the Fair Work Commission, raised objections regarding the fairness and compliance of the agreement with statutory requirements.

The primary legal issues before the court included whether the proposed agreement met the requirements of the Fair Work Act, particularly sections 220 and 233, concerning the process of approving an enterprise agreement. The court had to assess if the agreement was fair and whether it had been properly made, taking into account the bargaining process, the content of the agreement, and compliance with relevant statutory provisions. Additionally, the court examined the fairness of the agreement in terms of its impact on employees and whether it complied with the terms and conditions set out in the Act.

The court found that the proposed agreement was procedurally sound and met all necessary statutory requirements. It held that the agreement had been fairly and properly made, as it was the result of genuine and meaningful negotiations. The court also determined that the agreement was fair in content, considering the balance of interests of both the employer and employees. The agreement was found to provide adequate protections and benefits to employees, thereby meeting the standards set by the Fair Work Act. Consequently, the court approved the application for the Caporn Piling - Queensland and Northern New South Wales Enterprise Agreement 2012 - 2016.

The final orders of the court included the approval of the enterprise agreement, allowing it to be applied to the relevant employees of Caporn Piling in Queensland and Northern New South Wales, subject to the terms and conditions specified within the agreement. The court's decision affirmed the legitimacy of the bargaining process and the fairness of the agreement, thereby providing clarity and resolution to the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established