DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CP Employer Pty Ltd T/A Caporn Piling
(AG2019/1496)

CP EMPLOYER PTY LTD ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JUNE 2019

Application for approval of the CP Employer Pty Ltd Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the CP Employer Pty Ltd Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CP Employer Pty Ltd T/A Caporn Piling. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of CP Employer Pty Ltd T/A Caporn Piling, an application was made for the approval of the CP Employer Pty Ltd Enterprise Agreement 2019-2022. The applicant, CP Employer Pty Ltd, sought approval for the enterprise agreement from the Fair Work Commission. The Fair Work Commission, as the body responsible for overseeing the approval of enterprise agreements, examined the proposed agreement to ensure it complied with the relevant legislative framework.

The central legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Key concerns included whether the agreement had been made in good faith, whether it was free from any form of prohibited content, and whether it had been made with appropriate procedural fairness. Additionally, the Commission had to determine if the agreement satisfied the requirements for the negotiation process and if the process itself was fair and reasonable.

The Commission found that the enterprise agreement was made in good faith and was free from prohibited content. It concluded that the negotiation process had been fair and reasonable and that the agreement met all statutory requirements for approval. The Commission took into account the evidence provided by both parties, including the nature of the bargaining process and the terms of the agreement. The Commission noted that the agreement included provisions that were consistent with the overall intent of the Fair Work Act, which is to provide a balanced framework for industrial relations.

The Fair Work Commission approved the CP Employer Pty Ltd Enterprise Agreement 2019-2022, recognising its compliance with the statutory requirements. The approval was based on the evidence that the agreement was made in good faith, was free from prohibited content, and was the product of a fair and reasonable negotiation process.

CP Employer Pty Ltd T/A Caporn Piling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established