C B S Building Group Pty Ltd Summary

[2016] FWCA 2166

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

C B S Building Group Pty Ltd

(AG2016/557)

CBS BUILDING GROUP PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 6 APRIL 2016

Application for approval of the CBS Building Group Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

CBS Building Group Pty Ltd Enterprise Agreement 2016 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C B S

Building Group 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 6 April 2016 and, in accordance with s.54, will

operate from 13 April 2016. The nominal expiry date of the Agreement is 6 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CBS Building Group Pty Ltd applied for approval of its Enterprise Agreement 2016 under section 185 of the Fair Work Act 2009. The Fair Work Commission considered the application and determined that the requirements of sections 186, 187, and 188 of the Act had been met. The Commission was satisfied that the group of employees covered by the agreement was fairly chosen, despite the agreement not covering all employees of the employer. The agreement was approved by the Commission and will operate from 13 April 2016 until 6 April 2020.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether the group of employees covered by the agreement was fairly chosen, and whether the agreement met the other relevant requirements of the Act. The Commission found that the agreement met these requirements, and approved the agreement.

The Commission noted that the agreement did not cover all employees of the employer, but took into account the factors in section 186(3) and (3A) of the Act in determining whether the group of employees covered by the agreement was fairly chosen. The Commission was satisfied that the group of employees was fairly chosen, and found that the agreement met the other relevant requirements of the Act. The Commission approved the agreement and set the nominal expiry date as 6 April 2020.

The Fair Work Commission approved the CBS Building Group Pty Ltd Enterprise Agreement 2016, which will operate from 13 April 2016 until 6 April 2020. The Commission determined that the agreement met the requirements of the Fair Work Act, including that the group of employees covered by the agreement was fairly chosen. The Commission also found that the agreement met the other relevant requirements of the Act.

C B S Building Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established