DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBW Construction and Carpentry Pty Ltd
(AG2017/5950)

CBW CONSTRUCTION AND CARPENTRY PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 MAY 2018

Application for approval of the CBW Construction and Carpentry Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CBW Construction and Carpentry Pty Ltd 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 CBW Construction and Carpentry 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2018. The nominal expiry date of the Agreement is 9 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CBW Construction and Carpentry Pty Ltd applied to the Fair Work Commission for approval of the CBW Construction and Carpentry Pty Ltd Enterprise Agreement 2017. The application was made under section 232 of the Fair Work Act 2009. The company argued that the agreement met the requirements for approval, while objectors claimed it failed to provide adequate protections for employees.

The central legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. The objectors contended that the agreement did not adequately protect employees' wages, conditions, and entitlements. The Commission had to determine if the agreement provided "no less favourable" terms and conditions than the relevant award or safety net, and whether it met the "better off overall test" to ensure that employees were not worse off under the agreement.

The Fair Work Commission examined the terms of the enterprise agreement against the relevant award and safety net provisions. It found that the agreement provided employees with terms and conditions that were, on the whole, no less favourable than those provided by the award. The Commission also determined that the agreement met the "better off overall test," as employees were not worse off under the agreement when considering all aspects of their employment, including wages, leave entitlements, and other benefits. Therefore, the Commission approved the enterprise agreement, finding that it met the statutory requirements for approval under the Fair Work Act.

The final orders of the Commission were that the CBW Construction and Carpentry Pty Ltd Enterprise Agreement 2017 be approved as a registered agreement under section 175 of the Fair Work Act 2009. The agreement was registered, effective from the date of the Commission's decision, and applicable to the employees covered by the agreement.

CBW Construction and Carpentry 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