DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coops Drainage & Civil Pty Ltd
(AG2017/6705)

COOPS DRAINAGE & CIVIL PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MAY 2018

Application for approval of the Coops Drainage & Civil Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coops Drainage & Civil Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coops Drainage & Civil Pty Ltd. 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 23 May 2018. The nominal expiry date of the Agreement is 31 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Coops Drainage & Civil Pty Ltd, sought approval of the Enterprise Agreement 2017 from the Fair Work Commission. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the fairness and applicability of certain provisions of the proposed agreement, particularly those relating to employment conditions and dispute resolution mechanisms. The matter was heard in the Fair Work Commission, the body responsible for regulating workplace relations and resolving industrial disputes in Australia.

The central legal issue was whether the Enterprise Agreement 2017 met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was procedurally fair and if it provided for appropriate mechanisms to address any disputes that might arise. The CFMEU argued that certain provisions were unfair and not in line with the legislative framework governing enterprise agreements. The Commission had to balance the rights and interests of both parties, ensuring that the agreement was fair and did not disadvantage any party unduly.

In its decision, the Fair Work Commission examined the procedural fairness of the agreement's negotiation process and the substantive fairness of its terms. The Commission found that the agreement was negotiated in good faith and that the process was transparent and inclusive. Regarding the substantive fairness, the Commission held that the agreement provided for adequate dispute resolution mechanisms and did not impose unreasonable conditions on employees. Consequently, the Commission approved the Enterprise Agreement 2017, finding it to be fair and compliant with the legislative requirements.

The Fair Work Commission approved the Enterprise Agreement 2017, dismissing the opposition from the CFMEU. The Commission's decision confirmed the agreement's validity and enforceability, allowing Coops Drainage & Civil Pty Ltd to implement its terms. This outcome resolved the dispute and set a precedent for similar agreements in the industry.

Coops Drainage & Civil 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