CP Employer Pty Ltd Summary

[2025] FWCA 2497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

CP Employer Pty Ltd

(AG2025/2337)

CP EMPLOYER PTY LTD ENTERPRISE AGREEMENT 2025-2028

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 28 JULY 2025

Application for approval of the CP Employer Pty Ltd Enterprise Agreement 2025-2028

An application has been made for approval of an enterprise agreement known as the CP Employer Pty Ltd Enterprise Agreement 2025-2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CP Employer Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by CP Employer Pty Ltd to have its enterprise agreement for the years 2025 to 2028 approved by the Fair Work Commission. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding its content and the process through which it was negotiated and agreed upon. The application was heard by a delegate of the Fair Work Commission, who had the authority to approve such agreements.

The legal issues before the court involved whether the agreement met all necessary legislative criteria, including whether it contained all the mandated terms and conditions and whether it was negotiated in good faith. Additionally, the court needed to assess if the process for reaching the agreement was fair and whether all relevant parties were appropriately represented and consulted during the negotiation process.

The court determined that the agreement contained all the necessary terms and conditions as required by the Fair Work Act 2009. It was also satisfied that the agreement was negotiated in good faith and that the process followed was fair and appropriate. The court further found that all relevant parties were adequately represented and consulted, meeting the legislative standards. Consequently, the court approved the enterprise agreement.

The final orders of the court were to approve the CP Employer Pty Ltd Enterprise Agreement 2025-2028, recognising it as a valid and enforceable agreement between the employer and the employees covered by the agreement.

CP Employer Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established