CB&I Australia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, CB&I Australia Pty Ltd, sought approval of a proposed enterprise agreement, the Project Services Enterprise Agreement 2023. The agreement was negotiated between the applicant and a group of employees, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the proposed agreement complied with the relevant legislative requirements and whether it should be approved by the Commission.

The primary legal issue before the Commission was whether the agreement contained appropriate provisions for the protection of employees' rights and entitlements, and if it met the criteria for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it balanced the interests of both the employer and the employees. Additionally, the Commission had to ensure that the agreement complied with the minimum standards set out in the Fair Work Act.

In determining the matter, the Commission examined the proposed agreement in detail, considering the submissions from both parties and the evidence presented. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it balanced the interests of both the employer and the employees. The Commission also concluded that the agreement complied with the minimum standards set out in the Fair Work Act. Having considered all relevant factors, the Commission was satisfied that the proposed agreement met the criteria for approval and granted approval of the Project Services Enterprise Agreement 2023.

The Commission's decision was made under section 232 of the Fair Work Act 2009, and the Project Services Enterprise Agreement 2023 is now approved and in effect. The agreement will provide the framework for the terms and conditions of employment for the employees covered by the agreement, and will govern the relationship between the employer and the employees. The Commission's decision ensures that the employees will have fair and reasonable terms and conditions of employment, while also balancing the interests of the employer.

CB&I Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established