DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBI Constructors Pty Ltd
(AG2018/2261)

CBI CONSTRUCTORS PTY LTD KWINANA FACILITY ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 AUGUST 2018

Application for approval of the CBI Constructors Pty Ltd Kwinana Facility Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CBI Constructors Pty Ltd Kwinana Facility Enterprise Agreement 2017 (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 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] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2018. The nominal expiry date of the Agreement is 9 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of CBI Constructors Pty Ltd involved an application for the approval of the Kwinana Facility Enterprise Agreement 2017. The applicant, the Fair Work Commission, sought the approval of this agreement which was intended to regulate the employment terms and conditions for workers at the Kwinana facility. The application was brought before the Fair Work Commission, an Australian federal statutory body, to ensure the agreement met the legal requirements under the Fair Work Act 2009.

The primary legal issues addressed in this case were whether the enterprise agreement was fairly and properly negotiated and if it complied with the statutory provisions under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement had been made in good faith and if it covered the appropriate scope of employees. The Commission also considered whether the agreement adequately provided for employee entitlements, protections, and minimum standards as stipulated by the Act.

The Fair Work Commission assessed the negotiation process and found that the agreement was indeed made in good faith and was properly negotiated. The Commission was satisfied that the agreement was comprehensive and covered all relevant employees within the scope of the Kwinana facility. The analysis of the agreement revealed that it met all the necessary legal requirements and provided for adequate employee entitlements and protections. Consequently, the Fair Work Commission approved the application and certified the agreement as meeting the standards set forth by the Fair Work Act 2009.

The final orders of the Fair Work Commission certified the Kwinana Facility Enterprise Agreement 2017 as meeting the necessary statutory requirements and approved its application. This decision ensures that the agreement is legally binding and enforceable between the employer and the employees covered by the agreement.

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