DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Civil Pacific Services (Aust) Pty Ltd T/A CPS
(AG2017/3460)

CPS ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 28 AUGUST 2017

Application for variation of the CPS Enterprise Agreement 2016 - 2020.

[1] An application has been made for variation of the CPS Enterprise Agreement 2016 - 2020 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Civil Pacific Services (Aust) Pty Ltd T/A CPS (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Luke Gaskin, Operations Manager.

[3] The variation can be found at Annexure A of this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 28 August 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Civil Pacific Services (Aust) Pty Ltd, trading as CPS, and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around an application to vary the CPS Enterprise Agreement 2016-2020. The Commission was tasked with determining whether the proposed changes to the agreement were in the interests of the employees, employers, and the broader community.

The legal issues before the Commission included whether the proposed changes to the agreement met the statutory criteria for approval, particularly under sections 234 and 235 of the Fair Work Act 2009. The CFMEU argued that the proposed changes did not adequately protect employees' interests, while CPS contended that the changes were necessary to address economic challenges and ensure the company's viability. The Commission needed to weigh the competing interests of the parties and assess the broader economic implications of the proposed changes.

The Commission examined the evidence presented by both parties and considered the economic context of the construction industry. It found that the proposed changes would not have a detrimental effect on employees' rights, conditions, or job security. The Commission also concluded that the changes were necessary to support the financial sustainability of CPS and the broader industry. As such, the application to vary the agreement was approved, balancing the interests of the employees, employer, and the community. The final orders confirmed the variation of the CPS Enterprise Agreement 2016-2020 as per the approved terms.

Civil Pacific Services (Aust) Pty Ltd T/A CPS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established