FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pro Pipe & Civil Pty Ltd T/A JAG Civil & Drainage (Qld)
(AG2015/3793)

PRO PIPE AND CIVIL PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 JULY 2015

Application for approval of the Pro Pipe and Civil Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 July 2015 by Pro Pipe & Civil Pty Ltd T/A JAG Civil & Drainage (Qld) for the approval of a single-enterprise agreement known as the Pro Pipe and Civil Pty Ltd Enterprise Agreement 2015 (“the Agreement”).

[2] On 16 July 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

McColl’s Transport Pty Ltd applied to the Fair Work Commission for approval of the Pro Pipe and Civil Pty Ltd Enterprise Agreement 2015. The agreement was made between Pro Pipe and Civil Pty Ltd and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. McColl’s Transport, as a prospective employer under the agreement, sought to be bound by the agreement to employ workers covered by the agreement. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission found that the agreement was appropriately made and met the legal requirements for approval. It included all the mandated terms and conditions and was made in good faith. The Commission also considered the views of the employees and whether the agreement was likely to lead to improved working conditions and outcomes for the employees. Given the evidence presented, the Commission was satisfied that the agreement was in the best interests of the employees. Consequently, the Commission approved the agreement, allowing McColl’s Transport to be bound by it and to employ workers covered by the agreement.

McColl’s Transport 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