DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBI Constructors Pty Ltd
(AG2015/141)

CBI CONSTRUCTORS PTY LTD CALTEX KURNELL TERMINAL AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 FEBRUARY 2015

Application for approval of the CBI Constructors Pty Ltd Caltex Kurnell Terminal Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CBI Constructors Pty Ltd Caltex Kurnell Terminal Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 February 2015 and, in accordance with s.54, will operate from 24 February 2015. The nominal expiry date of the Agreement is
16 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CBI Constructors Pty Ltd applied for approval of the CBI Constructors Pty Ltd Caltex Kurnell Terminal Agreement 2015. The application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009. The agreement sought to be approved covered employees of CBI Constructors who were engaged to perform construction work at the Kurnell Terminal operated by Caltex. The dispute centred around whether the agreement complied with the requirements of the Act and provided for fair terms and conditions of employment.

The primary legal issues the FWC considered were whether the agreement met the criteria for an enterprise agreement as outlined in the Fair Work Act and whether the agreement provided for fair and reasonable terms and conditions. The FWC had to assess whether the agreement contained all the necessary provisions as stipulated by the Act, and whether the agreement had been genuinely negotiated between the employer and the employees. Additionally, the FWC needed to ensure that the agreement did not adversely affect employees' rights and protections under the Act.

In its decision, the FWC determined that the agreement satisfied the criteria for an enterprise agreement under the Fair Work Act. The FWC found that the agreement was negotiated in good faith and contained all the required provisions. The FWC also concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the specific circumstances of the employees and the nature of the work being performed. The FWC noted that the agreement provided for appropriate protections and did not undermine the rights of the employees.

The FWC approved the CBI Constructors Pty Ltd Caltex Kurnell Terminal Agreement 2015, finding it to be a genuine enterprise agreement. The FWC's approval was based on its finding that the agreement met all the legislative requirements and provided for fair and reasonable terms and conditions of employment for 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