DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

CP Employer Pty Ltd T/A Caporn Piling
(AG2017/2392)

CP EMPLOYER PTY LTD T/A CAPORN PILING ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 10 JULY 2017

Application for variation of the CP Employer Pty Ltd t/a Caporn Piling Enterprise Agreement 2016 - 2019.

[1] An application has been made for variation of the CP Employer Pty Ltd t/a Caporn Piling Enterprise Agreement 2016 - 2019 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by CP Employer Pty Ltd T/A Caporn Piling (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Mark Dagge, Commercial Manager of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 10 July 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CP Employer Pty Ltd, trading as Caporn Piling, applied to the Fair Work Commission for a variation of the Enterprise Agreement 2016 - 2019. The application was opposed by the Building and Construction Trades Employees' Union. The central issue before the Commission was whether the proposed variation, which included changes to penalty rates and a shift to a 40-hour working week, was appropriate under the relevant industrial relations legislation. The applicant argued that the changes were necessary to maintain business viability and competitiveness, especially in light of economic challenges. The union contended that the proposed changes would undermine employee entitlements and conditions without sufficient justification.

The Fair Work Commission considered the principles of enterprise bargaining and the need to balance the interests of employers and employees. The Commission examined the economic context, the employer's financial position, and the impact of the proposed changes on employees. In its decision, the Commission found that the applicant had demonstrated a genuine need for the changes, given the economic pressures on the industry. The Commission concluded that the variations were reasonable and in line with the principles of good faith bargaining. The application was therefore approved.

The final orders included variations to the Enterprise Agreement to reflect the changes proposed by the applicant. These included adjustments to penalty rates and a shift to a 40-hour working week, effective from the date of the decision. The union's objections were dismissed, and the new terms were to be implemented as per the approved variation.

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