DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H Piling Pty Ltd
(AG2018/1967)

H PILING PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 30 OCTOBER 2018

Application for approval of the H Piling Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the H Piling Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H Piling Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 30 October 2018 and, in accordance with s.54, will operate from 6 November 2018. The nominal expiry date of the Agreement is 4 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by H Piling Pty Ltd seeking approval of an enterprise agreement. The applicant, H Piling Pty Ltd, is an employer in the civil construction industry, and the respondent, Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), is a trade union representing employees in the same industry. The dispute centred around the terms of a proposed enterprise agreement between the employer and the union, which the union had previously rejected. The union's objection was based on several grounds, including concerns over the agreement's impact on employee entitlements and working conditions.

The primary legal issue the court needed to address was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement contained the necessary provisions, was free from prohibited content, and complied with the requirements for employee consultation. The court also had to consider whether the agreement provided a safety net of minimum entitlements and whether it promoted simplicity, certainty, and flexibility in the workplace. Additionally, the court needed to determine if the agreement had been made in good faith and whether it provided for the proper resolution of disputes.

The court found that the enterprise agreement did meet the statutory criteria for approval. The agreement contained all the necessary provisions and did not include any prohibited content. It was also found to comply with the requirements for employee consultation, providing a safety net of minimum entitlements, and promoting simplicity, certainty, and flexibility. The court was satisfied that the agreement had been made in good faith and provided for the proper resolution of disputes. Consequently, the court approved the enterprise agreement, allowing it to come into effect.

The final orders of the court were that the application by H Piling Pty Ltd for the approval of the enterprise agreement be granted. The agreement was approved, and the court directed that it be registered with the Fair Work Commission. The agreement was to come into effect on the date of the court's orders, and the union's previous objections were dismissed.

H Piling 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