DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cogent Constructions Pty Ltd
(AG2015/654)

COGENT CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 24 APRIL 2015

Application for approval of the Cogent Constructions Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Cogent Constructions Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Cogent Constructions Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 May 2015. The nominal expiry date of the Agreement is 1 May 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cogent Constructions Pty Ltd applied for approval of the Enterprise Agreement 2015-2019 in the Fair Work Commission. The dispute centred around the terms and conditions of employment for employees within the construction industry, seeking to establish a binding agreement between the employer and the employees. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a safety net of minimum wages and conditions, ensured fair and reasonable terms and conditions, and whether it was genuinely bargained between the parties. Additionally, the Commission had to consider whether the agreement complied with the procedural requirements for approval, including the proper notification and the opportunity for employees to vote on the agreement.

The Fair Work Commission examined the provisions of the agreement, noting the incorporation of industry awards and the establishment of a safety net for wages and conditions. The Commission found that the agreement met the statutory requirements, providing for fair and reasonable terms and conditions, and was genuinely bargained between the parties. The Commission also confirmed that the procedural requirements for approval were met, with appropriate notification and opportunity for employee voting provided.

Consequently, the Fair Work Commission approved the Cogent Constructions Pty Ltd Enterprise Agreement 2015-2019. The agreement was deemed to be fair, reasonable, and genuinely negotiated, meeting all statutory requirements for approval under the Fair Work Act 2009.

Cogent Constructions 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