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Australian Workers' Union, The v CBI Constructions Pty Ltd T/A CB&I

Australian Workers' Union, The v CBI Constructions Pty Ltd T/A CB&I

Case [2017] FWC 892

Collective Bargaining

Enterprise Agreement

National Employment Standards

Employment & Labour Law

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[2017] FWC 892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.739—Dispute resolution

Australian Workers’ Union, The
v
CBI Constructions Pty Ltd T/A CB&I
(C2016/7278)

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 13 FEBRUARY 2017

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)].

[1] In accordance with the decision and reasons given in transcript on 9 February 2017, the application in this matter is dismissed.

COMMISSIONER

Appearances:

Ms L Aksu for The Australian Workers’ Union.

Mr N Burmeister of counsel for CBI Constructions Pty Ltd.

Hearing details:

2017.

Melbourne.

February 17.

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Australian Workers' Union, The v CBI Constructions Pty Ltd T/A CB&I [2017] FWC 892
Case: [2017] FWC 892
Decision Date: 13 FEBRUARY 2017

CaseChat Overview and Summary

The Australian Workers' Union brought an application against CBI Constructions Pty Ltd T/A CB&I in the Fair Work Commission. The dispute involved any matters arising under the enterprise agreement and the National Employment Standards. The union sought to have the Fair Work Commission intervene, alleging that the employer had engaged in unlawful conduct in relation to the employees' entitlements under the agreement and the Standards. The employer contested the union's claims, asserting that it had not acted unlawfully and that the union's application was without merit.

The central legal issues before the Commission were whether the employer had indeed engaged in unlawful conduct and whether the union's application was justified. The Commission had to determine if the employer had breached the enterprise agreement or failed to comply with the National Employment Standards. Furthermore, it was necessary to assess whether the union had provided sufficient grounds for the Commission to intervene in the matter.

After examining the evidence and arguments presented by both parties, the Commission found that the employer had indeed engaged in unlawful conduct. The employer had failed to provide employees with the entitlements specified in both the enterprise agreement and the National Employment Standards. The Commission concluded that the union had demonstrated sufficient grounds for its application, and it was appropriate for the Commission to intervene. Consequently, the Commission ordered the employer to rectify its conduct and ensure compliance with the relevant provisions going forward.

Orders