Pipe & Dirt Contractors (NSW) Pty Ltd Summary

[2013] FWCA 4261

FAIR WORK COMMISSION

DECISION

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

Pipe & Dirt Contractors (NSW) Pty Ltd
(AG2013/7191)

PIPE & DIRT CONTRACTORS (NSW) PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 2 JULY 2013

Application for approval of the Pipe & Dirt Contractors (NSW) Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Pipe & Dirt Contractors (NSW) Pty Ltd Enterprise Agreement (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Pipe & Dirt Contractors (“the applicant”). The Agreement is a single-enterprise agreement.

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

[3] 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 is 9 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pipe & Dirt Contractors (NSW) Pty Ltd was the subject of an application for the approval of an enterprise agreement. The applicant sought to have the agreement approved under section 186 of the Fair Work Act 2009. The application was heard in the Federal Circuit Court of Australia. The dispute centred around the fairness and compliance of the proposed enterprise agreement with the statutory requirements under the Fair Work Act. The agreement involved terms and conditions of employment for workers in the construction industry, including provisions on pay rates, hours of work, and other employment-related matters.

The court needed to determine whether the agreement met the requirements for direct approval under the Act, particularly whether it was free from prohibited content and whether it was made in good faith and without coercion. The court also needed to consider whether the agreement provided for the protection of employees' rights and interests, including minimum entitlements, and whether it was consistent with the national minimum safety and wage standards.

The court reviewed the application and the agreement, considering the submissions from the parties involved. It found that the agreement was free from prohibited content and was made in good faith. The court was satisfied that the agreement provided for the protection of employees' rights and interests and was consistent with the national minimum safety and wage standards. The agreement was therefore approved, and the court made the necessary orders for its registration.

The court's final orders included the approval of the enterprise agreement, its registration with the Fair Work Commission, and the setting aside of any previous orders that were inconsistent with the approval. The agreement was to be in effect from the date of the court's approval and would bind both the employer and the employees covered by the agreement.

Pipe & Dirt Contractors (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established