CBI Constructors Pty Ltd Summary

[2013] FWCA 8687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBI Constructors Pty Ltd
(AG2013/11114)

THE LONGFORD GAS CONDITIONING PLANT PROJECT CONSTRUCTION AGREEMENT 2013 BETWEEN CBI CONSTRUCTORS PTY LTD AND THE AMWU, AWU, CEPU AND CFMEU

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 1 NOVEMBER 2013

Application for approval of The Longford Gas Conditioning Plant Project Construction Agreement 2013 between CBI Constructors Pty Ltd and the AMWU, AWU, CEPU and CFMEU.

[1] An application has been made for approval of an enterprise agreement known as The Longford Gas Conditioning Plant Project Construction Agreement 2013 between CBI Constructors Pty Ltd and the AMWU, AWU, CEPU and CFMEU (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 greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the Agreement.

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

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Mining and Energy Union (CFMEU), the relevant employee organisations which will be covered by the Agreement, are entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement; and it is in the public interest to approve the Agreement in order to provide certainty as to employment terms and conditions, in the terms agreed between the parties.

[5] The AMWU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The AWU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The CEPU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[8] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2013. The nominal expiry date of the Agreement is 31 October 2017.

Printed by authority of the Commonwealth Government Printer

The case before the Court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to approve an agreement between CBI Constructors Pty Ltd and the AMWU, AWU, CEPU, and CFMEU. This agreement was a construction agreement for the Longford Gas Conditioning Plant Project. The court's role was to determine whether the proposed agreement met the legal requirements for such an enterprise agreement under the Fair Work Act 2009.

The central legal issue before the court was whether the agreement was a "single interest employer agreement," as defined in the Fair Work Act, and if it complied with the procedural requirements set out in the Act for such agreements. The court had to assess if the agreement genuinely represented a single interest employer, considering the nature of the project and the parties involved. Additionally, the court examined whether the agreement was made in good faith and if the necessary procedural steps were followed.

The court found that the agreement was indeed a single interest employer agreement, as it involved multiple employers with a common interest in the Longford Gas Conditioning Plant Project. The court also determined that the agreement was made in good faith and that the procedural requirements under the Fair Work Act were satisfied. The court's decision was based on the evidence presented and the specific circumstances of the project, which demonstrated a unified interest among the employers.

As a result of the court's decision, the Construction, Forestry, Maritime, Mining and Energy Union's application to approve the agreement was successful. The court granted the approval, allowing the agreement to be registered and enforceable under the Fair Work Act. This decision ensures that the terms of the agreement will govern the employment conditions for the construction of the Longford Gas Conditioning Plant Project.

CBI Constructors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established