DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBI Constructors Pty Ltd
(AG2018/7143)

PROJECT SERVICES ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 16 APRIL 2019

Application for approval of the Project Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Project Services Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertaking 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2019. The nominal expiry date of the Agreement is 23 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CBI Constructors Pty Ltd recently appeared before the Fair Work Commission, where the company sought approval for the Project Services Enterprise Agreement 2018. This agreement is intended to govern the terms and conditions of employment for certain employees within the company's project services division. The application for approval was made under the Fair Work Act 2009, which requires that any enterprise agreement must meet certain criteria, including being free from any coercion, undue influence, or other unfair practices.

The primary legal issues the Commission was required to address involved whether the agreement was genuinely a product of free and voluntary bargaining between the parties and whether it complied with the procedural and substantive requirements set forth by the Act. This included assessing whether the appropriate bargaining representatives were involved in the negotiation process and whether the agreement covered the necessary topics as required by law. Furthermore, the Commission had to consider if the agreement provided fair and reasonable terms and conditions of employment, including provisions on wages, hours of work, and other employment-related matters.

In its decision, the Commission examined the evidence provided by both parties regarding the negotiation process and the content of the agreement. The Commission concluded that the agreement had been made without any undue influence or coercion and that it was the product of genuine and voluntary bargaining. The Commission also found that the agreement complied with all procedural requirements, including the participation of appropriate bargaining representatives. Additionally, the Commission determined that the terms and conditions of the agreement were fair and reasonable, meeting the standards set by the Act. Consequently, the Commission approved the Project Services Enterprise Agreement 2018.

As a result of the Commission's approval, the agreement will now govern the employment terms and conditions for the relevant employees within CBI Constructors Pty Ltd. This decision ensures that the company and its employees will operate under a legally recognised agreement, providing clarity and stability in their employment relationships.

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