CBI Constructors Pty Ltd

[2014] FWCA 79

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBI Constructors Pty Ltd
(AG2013/12230)

CBI CONSTRUCTORS PTY LTD KWINANA FACILITY ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 JANUARY 2014

Application for approval of the CBI Constructors Pty Ltd Kwinana Facility Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CBI Constructors Pty Ltd Kwinana Facility Enterprise Agreement 2013 (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 Agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 January 2014. The nominal expiry date of the Agreement is 5 January 2018

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by CBI Constructors Pty Ltd to have the Kwinana Facility Enterprise Agreement 2013 approved by the Fair Work Commission. The applicant sought to have the agreement registered under the Fair Work Act 2009 to ensure that it complied with the relevant provisions of the Act. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which raised several objections to the proposed agreement.

The primary legal issue for the court to determine was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The court had to consider whether the agreement provided for the proper protection of employees' interests, including their wages, conditions of employment, and other entitlements. The court also had to assess whether the agreement was fair and reasonable in all its terms and whether it complied with any relevant provisions of the Act.

In delivering its decision, the court noted that the proposed agreement contained provisions that were broadly consistent with the relevant provisions of the Fair Work Act 2009. The court found that the agreement provided for the proper protection of employees' interests and that it was fair and reasonable in all its terms. The court also noted that the agreement had been negotiated in good faith between the parties and that it reflected the needs and interests of both employers and employees. Having considered all the evidence and arguments presented to it, the court was satisfied that the proposed agreement met the criteria for approval under the Act.

The court therefore approved the application for registration of the Kwinana Facility Enterprise Agreement 2013. The agreement was registered on the terms and conditions set out in the application, and the parties were directed to take all necessary steps to give effect to the agreement. The decision of the court was final and binding on all parties, and it could not be appealed except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established