DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Koppens Developments Pty Ltd
(AG2016/4325)

KOPPENS DEVELOPMENTS PTY LTD EMPLOYMENT ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Koppens Developments Pty Ltd Employment Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Koppens Developments Pty Ltd Employment Enterprise Agreement 2016 (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 Applicant 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, 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2016. The nominal expiry date of the Agreement is 28 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Koppens Developments Pty Ltd applied for approval of the Koppens Developments Pty Ltd Employment Enterprise Agreement 2016. The application was heard in the Fair Work Commission (FWC) by Deputy President D.J. Richards. The dispute involved whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement was in the interests of the employees, whether it complied with the safety net provisions, and whether it contained appropriate mechanisms for dispute resolution. The application was contested by the Building and Construction Trades Union, who argued that the agreement did not adequately protect the employees' conditions and entitlements.

Deputy President Richards found that the proposed enterprise agreement was in the interests of the employees, as it provided for a fair and equitable outcome, and it complied with the safety net provisions. However, the Deputy President noted that the agreement did not contain appropriate mechanisms for dispute resolution, as it did not provide for the resolution of disputes in relation to the interpretation or application of the agreement. The Deputy President therefore refused to approve the agreement, but invited the parties to make further submissions on the dispute resolution mechanisms.

In summary, the FWC refused to approve the Koppens Developments Pty Ltd Employment Enterprise Agreement 2016 due to inadequate dispute resolution mechanisms, but invited the parties to make further submissions on this issue. The Deputy President noted that the agreement was in the interests of the employees and complied with the safety net provisions.

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