CBS Building Group Pty Ltd T/A Contract Building Services Summary

[2022] FWCA 331

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

CBS Building Group Pty Ltd T/A Contract Building Services

(AG2021/9236)

CBS Building Group Pty Ltd Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 FEBRUARY 2022

Application for approval of the CBS Building Group Pty Ltd Enterprise Agreement 2021

The decision issued by the Fair Work Commission on 3 February 2022 [[2022] FWCA 221, AE514816] is corrected as follows:

The reference to “CBS Building Group Pty Ltd as trustee for the Church Operations Trust T/A Contract Building Services” throughout the decision is amended to “CBS Building Group Pty Ltd T/A Contract Building Services”.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve a single-enterprise agreement between CBS Building Group Pty Ltd T/A Contract Building Services and its employees. The company operates in the building, metal, and civil construction industries and sought to have their 2021 Enterprise Agreement approved under section 185 of the Fair Work Act 2009. The Commission needed to determine whether the agreement complied with the statutory requirements for single-enterprise agreements, including whether it met the criteria for being considered a "single-enterprise agreement."

The Commission examined the application and the agreement, considering whether it complied with the relevant sections of the Act. The main issue was whether the agreement appropriately represented the employees and provided fair terms and conditions of employment. The Commission also needed to ensure that the agreement was not contrary to public policy or the objects of the Act. The Commission concluded that the agreement met the necessary criteria and did not contravene any public policy or the objects of the Act.

The Fair Work Commission approved the CBS Building Group Pty Ltd Enterprise Agreement 2021. The Commission found that the agreement was appropriately structured, provided fair terms and conditions of employment, and complied with the requirements of the Fair Work Act 2009. The Commission considered the agreement to be beneficial for both the employees and the employer, and it did not find any issues that would prevent its approval. The decision was issued on 3 February 2022 and was subsequently corrected on 25 February 2022 to amend the reference to the company's name.

The Fair Work Commission approved the CBS Building Group Pty Ltd Enterprise Agreement 2021, finding it to be compliant with the relevant sections of the Fair Work Act 2009. The Commission determined that the agreement met the necessary criteria for being considered a single-enterprise agreement and did not contravene any public policy or the objects of the Act. As a result, the agreement was approved and is now in effect for the employees of CBS Building Group Pty Ltd T/A Contract Building Services.

CBS Building Group Pty Ltd T/A Contract Building Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established