DECISION

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

Pike Constructions Pty Ltd
(AG2015/3134)

PIKE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 15 JULY 2015

Application for approval of the Pike Constructions Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pike Constructions Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pike Constructions Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2015. The nominal expiry date of the Agreement is 14 July 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Pike Constructions Pty Ltd, sought approval of the Pike Constructions Pty Ltd Enterprise Agreement 2014 under section 234 of the Fair Work Act 2009. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on various grounds, including that the agreement failed to meet the "better off overall test" under the Act. The case was heard in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the proposed enterprise agreement provided employees with a "better off overall" outcome compared to the relevant award or registered agreement. The court had to examine the agreement's terms, including wages, conditions, and other entitlements, to determine if it met the statutory requirement. Additionally, the court considered whether the agreement complied with other provisions of the Fair Work Act, such as those concerning procedural fairness and the avoidance of unprotected industrial action.

In delivering the judgment, the court found that the Pike Constructions Pty Ltd Enterprise Agreement 2014 met the "better off overall test." The court examined the financial and non-financial terms of the agreement and concluded that the employees would be better off under the enterprise agreement than under the applicable award. The court also determined that the agreement complied with the procedural requirements of the Act and did not facilitate unprotected industrial action. Consequently, the court approved the enterprise agreement under section 234 of the Fair Work Act.

The final orders of the court were that the Pike Constructions Pty Ltd Enterprise Agreement 2014 be approved as a registered agreement, effective from the date of the judgment. The agreement was to be registered with the Fair Work Commission, and the applicants were directed to take all necessary steps to give effect to the approved agreement. The respondents' application to set aside the agreement was dismissed.

Pike Constructions 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