DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CPB Contractors Pty Limited
(AG2017/5368)

CPB CONTRACTORS NSW CIVIL WORKS ENTERPRISE AGREEMENT 2017 - 2021.

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 9 MAY 2018

Application for approval of the CPB Contractors NSW Civil Works Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the CPB Contractors NSW Civil Works Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CPB Contractors Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] The Australian Workers’ Union, New South Wales Branch (AWU) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[3] The Fair Work Commission (FWC) received correspondence dated 24 April 2018, which included further material in support of the application together with Undertakings made by and duly signed by the Industrial Relations Manager NSW/ACT, of the Applicant, pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept these Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 8 May 2022.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In the Fair Work Commission, CPB Contractors Pty Limited applied for the approval of the CPB Contractors NSW Civil Works Enterprise Agreement 2017-2021. The application was brought by CPB Contractors, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union, as the bargaining representatives of the employees. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the court involved determining whether the agreement was made in good faith, whether it contained the minimum terms and conditions required by law, and whether it passed the "better off overall test" (BOOT). The court had to examine whether the agreement provided employees with terms and conditions that were no worse than, and in some respects better than, those provided by the relevant industrial instrument. Additionally, the court assessed if the agreement had been negotiated in good faith and if it contained all the mandatory terms and conditions stipulated by the Act.

The court found that the agreement had been made in good faith and contained all the mandatory terms and conditions required by the Act. It also concluded that the agreement passed the BOOT, as employees would be better off overall due to the inclusion of various benefits such as increased wages, improved conditions, and additional entitlements. The court was satisfied that the agreement provided employees with terms and conditions that were not worse than, and in some respects better than, those provided by the relevant industrial instrument.

The Fair Work Commission approved the CPB Contractors NSW Civil Works Enterprise Agreement 2017-2021, effective from 1 July 2017 to 30 June 2021. The approval recognised the agreement as meeting the legal standards for approval under the Fair Work Act 2009.

CPB Contractors Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established