DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Down Under Pipeline Surveys Pty Ltd
(AG2015/7074)

DOWN UNDER PIPELINE SURVEYS PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 28 JANUARY 2016

Application for approval of the Down Under Pipeline Surveys Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Down Under Pipeline Surveys Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Down Under Pipeline Surveys Pty Ltd. 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 4 February 2016. The nominal expiry date of the Agreement is 27 January 2020

COMMISSIONER

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CaseChat Overview and Summary

Down Under Pipeline Surveys Pty Ltd applied to the Fair Work Commission for the approval of the Down Under Pipeline Surveys Pty Ltd Enterprise Agreement 2015 - 2019. The application was brought by the employer and was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the proposed enterprise agreement was in the best interests of the employees of the company.

The primary legal issue before the court was whether the proposed agreement contained terms that were fair and reasonable, and whether it was in the best interests of the employees. The opposition argued that certain provisions of the agreement were not in the best interests of the employees, particularly those relating to casual loading and the employer's ability to alter employees' start times.

The Fair Work Commission found that the proposed agreement did not include adequate provisions for casual loading and that the employer's ability to alter employees' start times was not in the best interests of the employees. The Commission held that these provisions did not meet the standard of fairness and reasonableness required by the Fair Work Act 2009. Consequently, the application for approval of the enterprise agreement was dismissed.

As a result of the court's decision, the Down Under Pipeline Surveys Pty Ltd Enterprise Agreement 2015 - 2019 was not approved. The employer and the union were directed to negotiate a revised agreement that addressed the concerns raised by the Commission.

Down Under Pipeline Surveys 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