Piling Contractors Pty Ltd

[2014] FWCA 6561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Piling Contractors Pty Ltd
(AG2014/1993)

PILING CONTRACTORS PTY LTD - VICTORIAN WORKS ENTERPRISE AGREEMENT 2014-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the Piling Contractors Pty Ltd - Victoria Works Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Piling Contractors Pty Ltd - Victoria Works Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Piling Contractors Pty Ltd. The agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 18 September 2014 and, in accordance with s.54, will operate from 25 September 2014. The nominal expiry date of the Agreement is 31 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Piling Contractors Pty Ltd sought approval of an enterprise agreement, the Victoria Works Enterprise Agreement 2014-2016, from the Fair Work Commission. The application was made under the Fair Work Act 2009. The nature of the dispute centred on the fairness and effectiveness of the agreement, particularly concerning its provisions for employee entitlements and working conditions.

The primary legal issue before the Court was whether the agreement met the statutory requirements for approval, including compliance with the "better off overall test" and other provisions of the Fair Work Act. The Court also needed to determine if the agreement adequately addressed the interests of both the employer and the employees and whether it was fair and reasonable in all the circumstances.

The Court found that the agreement satisfied the statutory requirements. The provisions were fair and reasonable, and the agreement was better off overall for the employees. The Court concluded that the agreement effectively balanced the interests of both parties and was in compliance with the relevant legislation. The agreement was approved by the Court, marking a significant step towards establishing fair working conditions for the employees within the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established