CP Employer Pty Ltd T/A Caporn Piling Summary

[2022] FWCA 1939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CP Employer Pty Ltd T/A Caporn Piling

(AG2022/1721)

CP Employer Pty Ltd Enterprise Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 14 JUNE 2022

Application for approval of the CP Employer Pty Ltd Enterprise Agreement 2022-2025.

An application has been made for approval of an enterprise agreement known as the CP Employer Pty Ltd Enterprise Agreement 2022-2025 (Agreement). The application was made by CP Employer Pty Ltd T/A Caporn Piling (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2022. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CP Employer Pty Ltd T/A Caporn Piling applied for approval of the CP Employer Pty Ltd Enterprise Agreement 2022-2025. The applicant sought approval under the Fair Work Act 2009 (Cth). The enterprise agreement is a single enterprise agreement. The Commission was required to determine whether the application met the relevant requirements under the Act for approval of the agreement.

The main legal issue for the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009 (Cth). The Commission needed to consider if the agreement complied with the provisions of sections 186, 187 and 188 of the Act. In particular, the Commission needed to consider if the agreement was fairly made and if it contained the appropriate minimum terms and conditions.

The Commission found that the agreement met the requirements for approval under the Fair Work Act 2009 (Cth). The Commission was satisfied that the agreement was fairly made and contained the appropriate minimum terms and conditions. The Commission also found that the agreement met the other relevant requirements for approval under the Act.

The CP Employer Pty Ltd Enterprise Agreement 2022-2025 is approved and will operate from 21 June 2022. The nominal expiry date of the Agreement is 30 September 2025. The agreement will be registered with the Fair Work Commission.

CP Employer Pty Ltd T/A Caporn Piling

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established