DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Koppens Developments Pty Ltd
(AG2021/5965)

KOPPENS DEVELOPMENTS PTY LTD EMPLOYMENT ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 JULY 2021

Application for approval of the Koppens Developments Pty Ltd Employment Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Koppens Developments Pty Ltd Employment Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Koppens Developments 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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 is approved and, in accordance with s.54 of the Act, will operate from 23 July 2021. The nominal expiry date of the Agreement is 16 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Koppens Developments Pty Ltd applied for the approval of the Koppens Developments Pty Ltd Employment Enterprise Agreement 2021. The applicant is an employer, and the agreement in question was made with its employees. The nature of the dispute involves the terms and conditions of employment as outlined in the proposed agreement.

The legal issues before the Commission centred on whether the agreement met the requirements under the Fair Work Act 2009, particularly sections concerning minimum entitlements, procedural fairness, and whether the agreement had been genuinely negotiated. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions for the employees, and if it complied with the procedural requirements of the Act.

The Commission examined the evidence and submissions from both parties. It found that the agreement provided for fair and reasonable terms and conditions for the employees, including provisions for minimum wage rates, penalty rates, leave entitlements, and other working conditions. The Commission also found that the agreement had been genuinely negotiated and that the procedural requirements of the Act had been followed. As a result, the Commission approved the proposed agreement.

The final orders of the Commission were that the Koppens Developments Pty Ltd Employment Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision, and the provisions of the agreement would apply to the employees of Koppens Developments Pty Ltd.

Koppens Developments 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