Cbi Constructors Pty Ltd

[2022] FWCA 4432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cbi Constructors Pty Ltd

(AG2022/4951)

Queensland Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 15 DECEMBER 2022

Application for approval of the Queensland Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Queensland Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cbi Constructors Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2022. The nominal expiry date of the Agreement is 22 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cbi Constructors Pty Ltd applied for approval of the Queensland Enterprise Agreement 2022. The applicant, Cbi Constructors, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment proposed in the agreement and whether they complied with the statutory requirements for approval.

The legal issues the court had to decide included whether the agreement met the criteria for approval under section 172 of the Act, particularly in relation to the good faith bargaining provisions, and if it provided for fair and reasonable terms and conditions of employment. The Commission needed to consider if the agreement had been negotiated in good faith, whether it complied with the various provisions of the Act, and if it provided for terms that were fair and reasonable in the context of the enterprise.

The Fair Work Commission found that the agreement had been negotiated in good faith and met all the statutory requirements for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and it was in line with the relevant provisions of the Act. The Commission concluded that the agreement complied with all necessary legal standards and approved it as a registered enterprise agreement.

The Commission made an order approving the Queensland Enterprise Agreement 2022 as a registered enterprise agreement under the Fair Work Act 2009. The agreement was to be registered on the date of the decision and would be effective from the date it was made. The decision was binding on all parties covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established