NorthPipe Constructions Pty Ltd T/A NorthPipe Constructions

[2014] FWCA 4703

FAIR WORK COMMISSION

DECISION

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

NorthPipe Constructions Pty Ltd T/A NorthPipe Constructions
(AG2014/1263)

NORTHPIPE CONSTRUCTIONS ENTERPRISE AGREEMENT 2014-2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 14 JULY 2014

Application for approval of the NorthPipe Constructions Enterprise Agreement 2014-2019.

[1] An application has been made for approval of an enterprise agreement known as the NorthPipe Constructions Enterprise Agreement 2014-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NorthPipe Constructions Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 4 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 21 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Undertaking

NorthPipe Constructions Pty Ltd
Po Box 460
Nambucca Heads
NSW 2448
Phone: 65 685 044
CIVIL ENGINEERING CONTRACTORS Fax : 65 685 014
Pipelines - Subdivisions – Roads – Plant Hire Mobile: 0418 119 360
ACN 105 083 805 Email: admin@northpipe.com.au
ABN: 75 105 083 805

To Fair Work Commission
10/80 William Street
East Sydney
NSW 2011

12/06/2014

To Whom it may Concern,

Northpipe Constructions will only contribute to a super fund with a MY Superfund product.

Yours Sincerely,

Barry Hezlett
Director

CaseChat Overview and Summary

In the Fair Work Commission, NorthPipe Constructions Pty Ltd, trading as NorthPipe Constructions, applied for the approval of the NorthPipe Constructions Enterprise Agreement 2014-2019. The applicant, a small construction business, sought to have the agreement, which contained terms and conditions of employment for its employees, officially recognised and enforced. The dispute arose from the applicant's assertion that the agreement had been fairly negotiated and was in line with the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was genuinely negotiated, and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement was the product of genuine bargaining between the parties, if it covered the necessary minimum terms and conditions, and if it did not include any prohibited content. The applicant argued that the agreement was the result of good faith negotiations and contained all the required minimum terms, while no objections or concerns were raised by the employees or their representatives.

The Commission considered the evidence presented, including the negotiation process and the contents of the agreement. It found that the agreement had been genuinely negotiated and contained all the necessary minimum terms. The Commission also concluded that the agreement did not include any prohibited content. Therefore, the application for approval was successful. The NorthPipe Constructions Enterprise Agreement 2014-2019 was duly approved, effective from the date of the decision, and binding on all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established