DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CP Employer Pty Ltd T/A Caporn Piling
(AG2017/274)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the CP Employer Pty Ltd t/a Caporn Piling Enterprise Agreement 2016 - 2019 (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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Caporn Piling, an employer, applied for the approval of an enterprise agreement with their employees. The application was heard in the Fair Work Commission. The primary dispute involved the terms and conditions outlined in the proposed agreement, including pay rates, working hours, and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the legal standards set out in the Fair Work Act 2009, particularly in relation to the provisions that ensure a fair and reasonable outcome for both employers and employees.

The legal issues centred on whether the agreement complied with the "better off overall test" and whether it contained all the mandatory terms required by the Fair Work Act. The "better off overall test" requires that the proposed agreement must not disadvantage employees relative to their existing terms and conditions. Additionally, the court had to assess whether the agreement adequately covered all mandatory terms, such as minimum wages, maximum weekly hours, and other entitlements like leave provisions. The court also considered the fairness of the agreement in terms of procedural fairness, ensuring that the bargaining process was conducted in good faith.

The Fair Work Commission found that the proposed agreement met the "better off overall test" and included all mandatory terms. The Commission emphasised that the agreement provided a reasonable balance between the interests of the employer and the employees. The bargaining process was deemed fair and conducted in good faith, meeting all procedural requirements. Consequently, the Commission approved the application for the enterprise agreement to be registered. The approval allows the agreement to come into effect, governing the terms and conditions of employment between Caporn Piling and their employees for the specified period.

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