DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coops Drainage & Civil Pty Ltd
(AG2021/8)

COOPS DRAINAGE & CIVIL PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 FEBRUARY 2021

Application for approval of the Coops Drainage & Civil Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Coops Drainage & Civil Pty Ltd Enterprise Agreement 2021 (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 Employer 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. The undertakings are taken to be a term of 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 5 March 2021. The nominal expiry date of the Agreement is 25 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coops Drainage & Civil Pty Ltd sought approval of their Enterprise Agreement 2021. The application was brought before the Fair Work Commission by the company. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for registration and whether it provided for fair and reasonable terms and conditions for the employees.

The central legal issues were whether the agreement contained all the mandatory terms required by the Fair Work Act, whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The court needed to determine if the agreement was genuinely an enterprise agreement, if it was made independently, and if it was free from any unfair provisions.

In examining the agreement, the Commission found that it complied with all the mandatory terms of the Fair Work Act and provided for fair and reasonable terms and conditions. The agreement was found to be genuinely an enterprise agreement, made independently, and without any unfair provisions. The Commission was satisfied that the agreement was made in good faith and without coercion. The application was therefore approved.

The Fair Work Commission approved the application for the registration of the Coops Drainage & Civil Pty Ltd Enterprise Agreement 2021. The agreement was certified as meeting the requirements of the Fair Work Act.

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