DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coole Constructions Pty Ltd
(AG2018/6107)

COOLE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the Coole Constructions Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coole Constructions Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coole Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2019. The nominal expiry date of the Agreement is 3 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to consider the application for approval of the Coole Constructions Pty Ltd Enterprise Agreement 2018. The application was brought by the employer, Coole Constructions Pty Ltd, against the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms of the proposed enterprise agreement, which the employer sought to have approved by the FWC, and the union's objections to certain provisions within the agreement.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the statutory criteria for approval. The union argued that certain provisions of the agreement did not comply with the requirements of the Fair Work Act 2009 (Cth) and that the process by which the agreement was negotiated was not compliant with the relevant provisions of the Act. The union further contended that the agreement did not provide adequate protections for employees and failed to address specific concerns raised by the union.

The FWC determined that the proposed enterprise agreement was, in fact, compliant with the statutory criteria. The Commission found that the agreement was made in good faith, and the process of negotiation was fair and appropriate. The FWC also found that the provisions of the agreement were reasonable in all the circumstances and provided adequate protections for employees. The Commission concluded that the agreement met all the necessary requirements for approval under the Fair Work Act 2009 (Cth).

The FWC approved the Coole Constructions Pty Ltd Enterprise Agreement 2018, dismissing the union's objections. The agreement was registered with the FWC, and it came into effect on the date of the approval. The union's application to set aside the approval was subsequently dismissed by the FWC, affirming the decision to approve the enterprise agreement.

Coole 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