DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBI Constructors Pty Ltd
(AG2021/4947)

CBI CONSTRUCTORS PTY LTD KWINANA FACILITY ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 MAY 2021

Application for approval of the CBI Constructors Pty Ltd Kwinana Facility Enterprise Agreement 2020.

[1] CBI Constructors Pty Ltd has made an application for the approval of an enterprise agreement known as the CBI Constructors Pty Ltd Kwinana Facility Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 18 May 2021 and, in accordance with s 54, will operate from 25 May 2021. The nominal expiry date of the Agreement is 18 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CBI Constructors Pty Ltd applied to the Fair Work Commission for approval of the Kwinana Facility Enterprise Agreement 2020. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the validity and fairness of the proposed agreement, particularly in relation to provisions concerning employee entitlements and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant statutory provisions and whether it was made in good faith and without coercion.

The court had to consider several legal issues, including whether the agreement was genuinely negotiated, whether it complied with the formal requirements under the Fair Work Act 2009, and whether it was fair and reasonable in the circumstances. A significant issue was whether the employer had acted in good faith during the negotiation process and whether the agreement was free from any coercive practices. The court also examined whether the proposed terms adequately protected employees' rights and interests.

The Fair Work Commission found that the agreement was genuinely negotiated and complied with the statutory requirements. The court held that the employer had acted in good faith and without coercion. The proposed terms were found to be fair and reasonable, providing adequate protection for employees' rights and interests. The court approved the agreement, noting the absence of any significant detriment to the employees. The decision was made based on the evidence presented, which demonstrated a fair and transparent negotiation process.

The Fair Work Commission approved the Kwinana Facility Enterprise Agreement 2020, confirming its validity and compliance with the relevant statutory provisions. The agreement was deemed to be made in good faith and without coercion, and the terms were found to be fair and reasonable. The court's decision ensures that the agreement will now govern the employment conditions of the employees at the Kwinana facility.

CBI 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