CBI Constructors Pty Ltd Summary

[2014] FWCA 7407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBI Constructors Pty Ltd
(AG2014/7280)

CBI CONSTRUCTORS PTY LTD HENDERSON FABRICATION, MATERIALS HANDLING AND ASSEMBLY YARD WORKS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 OCTOBER 2014

Application for approval of the CBI Constructors Pty Ltd Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CBI Constructors Pty Ltd Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2014 (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 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] 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] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement was approved on 20 October 2014 and, in accordance with s.54, will operate from 27 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the CBI Constructors Pty Ltd Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2014. The applicant, CBI Constructors Pty Ltd, sought to have the agreement registered under the Fair Work Act 2009. The dispute involved the application of the agreement to employees working at the Henderson fabrication, materials handling, and assembly yard, and the compliance of the agreement with the relevant provisions of the Fair Work Act. The legal issues before the court were whether the agreement met the requirements of the Fair Work Act, particularly in relation to the coverage of the employees and the provisions addressing minimum wage rates, penalty rates, and other employment conditions. The court had to determine if the agreement was made in accordance with the statutory requirements and if it provided for fair and reasonable terms and conditions of employment.

The court considered the provisions of the Fair Work Act and the evidence presented by the parties. It found that the agreement was made in good faith and that it covered all relevant employees. The court also determined that the agreement provided for minimum wage rates and penalty rates that were fair and reasonable, taking into account the nature of the work and the industry standards. The court was satisfied that the agreement complied with the requirements of the Fair Work Act and was in the best interests of the employees. Consequently, the court approved the agreement and ordered its registration under the Fair Work Act.

The final orders of the court included the approval and registration of the CBI Constructors Pty Ltd Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be binding on all employees covered by its terms, and it was to be taken into account in any future negotiations between the parties. The decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would be upheld and enforced in accordance with the Fair Work Act.

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