CB&I Australia Pty Ltd
[2023] FWCA 1810
•21 JUNE 2023
| [2023] FWCA 1810 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
CB&I Australia Pty Ltd
(AG2023/1421)
PROJECT SERVICES ENTERPRISE AGREEMENT 2023
| Building, metal and civil construction industries | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 21 JUNE 2023 |
Application for approval of the Project Services Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Project Services Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CB&I Australia Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.
The Agreement was approved on 21 June 2023 and, in accordance with s.54, will operate from 28 June 2023. The nominal expiry date of the Agreement is 21 June 2027.
COMMISSIONER
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Annexure A
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