DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CB&I Constructors Pty Ltd
(AG2015/1957)

PROJECT SERVICES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 23 MARCH 2015

Application for approval of the Project Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Project Services Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by CB&I Constructors Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from CB&I Constructors Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2015. The nominal expiry date of the Agreement is 22 March 2019.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The parties to the proceeding were CB&I Constructors Pty Ltd, an engineering and construction company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union representing workers in various industries. The dispute before the Fair Work Commission (FWC) was regarding the approval of the Project Services Enterprise Agreement 2015, which was intended to govern the terms and conditions of employment for certain employees of CB&I Constructors Pty Ltd. The FWC was called upon to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009 (Cth).

The central legal issue before the FWC was whether the Project Services Enterprise Agreement 2015 satisfied the requirements for approval as stipulated in section 232 of the Fair Work Act 2009. Specifically, the court needed to assess if the agreement was in the public interest, met the "better off overall test," and did not unfairly discriminate against any class of employees. Additionally, the FWC had to consider whether the agreement was made in good faith and if it adhered to the provisions of the Act.

In delivering its decision, the FWC considered the evidence and submissions provided by both parties. The Commission found that the agreement met the criteria for approval under the Fair Work Act 2009. The FWC determined that the agreement was in the public interest, as it provided a framework for resolving disputes between the employer and employees, thereby promoting industrial peace. Furthermore, the FWC concluded that the agreement passed the "better off overall test" and did not unfairly discriminate against any class of employees. The Commission also found that the agreement was made in good faith and complied with the relevant provisions of the Act. Based on these findings, the FWC approved the Project Services Enterprise Agreement 2015.

The Fair Work Commission approved the Project Services Enterprise Agreement 2015, effective from the date of the decision. The agreement, which governs the terms and conditions of employment for certain employees of CB&I Constructors Pty Ltd, was found to be in the public interest, met the "better off overall test," and did not unfairly discriminate against any class of employees. Additionally, the FWC determined that the agreement was made in good faith and complied with the provisions of the Fair Work Act 2009.

CB&I Constructors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established