CB Admin Pty Ltd

[2025] FWCA 1518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CB Admin Pty Ltd

(AG2025/1219)

CLEARY BROS PLANT HIRE AND CONSTRUCTION EMPLOYEES ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 23 MAY 2025

Application for approval of the Cleary Bros Plant Hire and Construction Employees Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cleary Bros Plant Hire and Construction Employees Enterprise Agreement 2024 (Agreement). The application was made by CB Admin Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2025. The nominal expiry date of the Agreement is 31 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Cleary Bros Plant Hire and Construction Employees Enterprise Agreement 2024. The applicant, CB Admin Pty Ltd, sought to have the agreement registered as a single-employer agreement. The applicant argued that the agreement complied with all relevant provisions of the Fair Work Act 2009. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, raised objections, contending that the agreement did not comply with certain provisions of the Act, particularly regarding the coverage of the agreement and the provisions relating to redundancy payments.

The central legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, particularly regarding the coverage of the employees, the nature of the agreement, and the provisions concerning redundancy payments. The Commission had to determine if the agreement was a genuine enterprise agreement, if it covered a single employer, and if it complied with the procedural and substantive requirements of the Act.

The Commission found that the agreement was a genuine enterprise agreement that covered a single employer. The agreement addressed various terms and conditions of employment, including wages, hours of work, leave, and redundancy payments. The Commission determined that the agreement was made in good faith and that it complied with the procedural requirements of the Act. However, regarding the provisions on redundancy payments, the Commission found that these provisions did not meet the requirements for a genuine enterprise agreement. The Commission made orders to strike out the offending provisions and approved the agreement as amended.

The Commission's final order was that the Cleary Bros Plant Hire and Construction Employees Enterprise Agreement 2024 be approved, subject to the striking out of the provisions relating to redundancy payments. The Commission found that the agreement, as amended, met all the requirements for approval under the Fair Work Act. The agreement was to be registered as a single-employer agreement, and the parties were directed to provide a copy of the approved agreement to the Commission within 21 days.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established