CBI Constructors Pty Ltd

[2014] FWCA 3054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBI Constructors Pty Ltd
(AG2014/776)

CBI CONSTRUCTORS PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 8 MAY 2014

Application for approval of the CBI Constructors Pty Ltd Queensland Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the
CBI Constructors Pty Ltd Queensland Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 15 May 2014. The nominal expiry date of the Agreement is 15 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CBI Constructors Pty Ltd applied for the approval of the Queensland Enterprise Agreement 2014. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, contested the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard by Commissioner R Grice, who had to determine whether the agreement was in compliance with the Act and whether it could be approved as a registered agreement.

The primary legal issue was whether the agreement contained all the mandatory terms required by the Fair Work Act and whether it was made in good faith and without coercion. The respondents argued that the agreement did not adequately address several mandatory terms, including those relating to minimum rates of pay and penalty rates. They also contended that the agreement had been made under duress and did not reflect true voluntary negotiations.

Commissioner R Grice examined the provisions of the Fair Work Act and the terms of the enterprise agreement. The Commissioner found that the agreement did contain all the necessary mandatory terms, albeit in a somewhat convoluted manner. The Commissioner concluded that the agreement was made in good faith, and there was no evidence of coercion. As a result, the application for approval was successful, and the agreement was registered.

The Fair Work Commission approved the Queensland Enterprise Agreement 2014 as a registered agreement, effective from the date of the decision. This outcome provides certainty to both the employer and the employees covered by the agreement, ensuring that their rights and obligations are clearly defined and legally enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established