DECISION

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

Pro Pipe & Civil Pty Ltd T/A JAG Civil & Drainage (Qld)
(AG2015/3793)

PRO PIPE AND CIVIL PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 JULY 2015

Application for approval of the Pro Pipe and Civil Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 July 2015 by Pro Pipe & Civil Pty Ltd T/A JAG Civil & Drainage (Qld) for the approval of a single-enterprise agreement known as the Pro Pipe and Civil Pty Ltd Enterprise Agreement 2015 (“the Agreement”).

[2] On 16 July 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Pro Pipe & Civil Pty Ltd, trading as JAG Civil & Drainage (Qld), and the Australian Building and Construction Commission. The matter was heard in the Fair Work Commission. The Commission was asked to approve an enterprise agreement between the employer and its employees, as submitted under section 233 of the Fair Work Act 2009. The dispute centred around whether the agreement met the legal requirements for approval, including whether it provided for the proper treatment of employees and whether it was free from any illegality or unfairness.

The central legal issues before the Commission were whether the agreement adequately addressed the entitlements of the employees, including provisions for leave, termination, and other benefits, and whether any aspects of the agreement contravened the Fair Work Act or otherwise were against good faith bargaining principles. The Commission also needed to consider whether the agreement was made without any coercion or undue influence and whether it complied with the procedural requirements of the Fair Work Act.

The Fair Work Commission evaluated the agreement in light of the statutory requirements and principles of good faith bargaining. It examined the provisions of the agreement, the bargaining process, and the context in which the agreement was made. The Commission found that the agreement generally provided for the fair treatment of employees and complied with the legal standards. It concluded that the agreement was not unfair or illegal and that it had been made in good faith. The Commission approved the Pro Pipe and Civil Pty Ltd Enterprise Agreement 2015, finding it met the necessary criteria for approval.

The Commission's decision was that the enterprise agreement should be approved and registered under the Fair Work Act. The approval was subject to the agreement being implemented in accordance with the Fair Work Act and the terms of the agreement itself. The decision confirmed the validity of the agreement and allowed it to take effect as a binding contract between the employer and its employees.

Pro Pipe & Civil Pty Ltd T/A JAG Civil & Drainage (Qld)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established