Coops Drainage & Civil Pty Ltd

[2014] FWCA 952

FAIR WORK COMMISSION

DECISION

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

Coops Drainage & Civil Pty Ltd
(AG2014/187)

COOPS DRAINAGE PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 6 FEBRUARY 2014

Application for approval of the Coops Drainage Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 31 January 2014 by Coops Drainage & Civil Pty Ltd for the approval of a single-enterprise agreement known as the Coops Drainage Pty Ltd Enterprise Agreement 2014 (“the Agreement”).

[2] 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.

[3] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[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 applicant, Coops Drainage & Civil Pty Ltd, sought approval for the Coops Drainage Pty Ltd Enterprise Agreement 2014 from the Fair Work Commission. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondent, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the fairness and compliance of the agreement. The matter was heard in the Fair Work Commission.

The primary legal issues that the Commission needed to address were whether the agreement met the requirements for fair and reasonable terms as stipulated under the Fair Work Act, and if it was properly made in accordance with the Act's provisions. Specifically, the Commission examined the process through which the agreement was negotiated and the content of the agreement itself. The respondent raised concerns about the process of negotiation and whether the agreement provided adequate protections for employees.

In delivering its decision, the Fair Work Commission found that the agreement was made in a procedurally fair manner and contained terms that were fair and reasonable. The Commission acknowledged that while there were some issues with the negotiation process, these did not render the agreement invalid. The Commission was satisfied that the agreement met the necessary legal standards and thus approved the application for the agreement's registration. Consequently, the agreement was deemed to be compliant with the Fair Work Act.

The Fair Work Commission ordered that the Coops Drainage Pty Ltd Enterprise Agreement 2014 be approved and registered. The agreement was to be binding on all employees and employers covered by it, effective from the date of registration. This decision provided clarity and legal certainty for both the applicant and the respondent, allowing the agreement to take effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established