DECISION

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

Piling Contractors Pty Ltd T/A Piling Contractors Pty Ltd
(AG2015/1248)

PILING CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 18 MAY 2016

Application for approval of the Piling Contractors Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Piling Contractors Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Piling Contractors 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] The Fair Work Commission (FWC) received correspondence dated 11 May 2016, 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 18 May 2020.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Piling Contractors Pty Ltd, trading as Piling Contractors Pty Ltd, to approve a proposed enterprise agreement for the period 2015-2019. The agreement had been negotiated between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was contested by the CFMEU, which raised concerns regarding certain provisions of the agreement.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant statutory provisions and whether it met the 'better off overall test' (BOOT) as stipulated by the Fair Work Act 2009. The CFMEU argued that some provisions did not meet the BOOT requirement and raised concerns about the agreement's fairness and compliance with relevant industrial laws.

The Commission considered the evidence presented by both parties and examined the proposed agreement's provisions in detail. The Commission found that, while some concerns raised by the CFMEU were valid, the overall agreement provided a fair and reasonable outcome for the employees and complied with the statutory requirements. The Commission approved the enterprise agreement, acknowledging the importance of balancing the interests of both employers and employees in the context of industrial relations. The decision was based on the overall benefit to the employees, considering factors such as wage increases, improved working conditions, and the preservation of certain entitlements.

Piling Contractors Pty Ltd T/A Piling Contractors 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