Coops Drainage & Civil Pty Ltd Trading AS Coops Drainage & Civil Summary

[2025] FWCA 1209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Coops Drainage & Civil Pty Ltd Trading AS Coops Drainage & Civil

(AG2025/872)

COOPS DRAINAGE & CIVIL PTY LTD ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 9 APRIL 2025

Application for approval of the Coops Drainage & Civil Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Coops Drainage & Civil Pty Ltd Enterprise Agreement 2025 (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 Trading AS Coops Drainage & Civil (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Coops Drainage & Civil Pty Ltd Trading AS Coops Drainage & Civil, the Fair Work Commission was tasked with determining the approval of the Coops Drainage & Civil Pty Ltd Enterprise Agreement 2025. The parties involved in the dispute included Coops Drainage & Civil Pty Ltd, acting as the employer, and its employees, who were represented by the Electrical Trades Union of Australia. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether they complied with the requirements of the Fair Work Act 2009.

The primary legal issues that the Commission was required to address included whether the proposed agreement provided for fair and reasonable terms and conditions, whether it met the minimum entitlements set out in the Act, and whether it had been negotiated in good faith. Additionally, the Commission needed to consider whether the agreement adequately protected the rights and interests of the employees, including provisions for dispute resolution, redundancy, and other employment-related matters.

The Commission undertook a comprehensive review of the proposed agreement, taking into account the submissions from both the employer and the union, as well as any relevant precedents and statutory requirements. After careful consideration, the Commission found that the proposed agreement met the necessary criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, adhered to the minimum entitlements outlined in the Fair Work Act, and had been negotiated in good faith. Furthermore, the agreement was deemed to adequately protect the rights and interests of the employees, including provisions for dispute resolution and redundancy.

In light of the findings, the Fair Work Commission approved the Coops Drainage & Civil Pty Ltd Enterprise Agreement 2025, which will now govern the employment terms and conditions between the employer and its employees. This decision sets a precedent for future enterprise agreements in the industry and ensures that the rights and interests of both employers and employees are protected within the framework of the Fair Work Act.

Coops Drainage & Civil Pty Ltd Trading AS Coops Drainage & Civil

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established