DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPB Contractors Pty Limited
(AG2016/5439)

QUEENSLAND CIVIL AND SMP AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 OCTOBER 2016

Application for approval of the Queensland Civil and SMP Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Civil and SMP Agreement 2016 (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 Limited. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2016. The nominal expiry date of the Agreement is 17 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CPB Contractors Pty Limited was involved in an application for the approval of the Queensland Civil and SMP Agreement 2016, which was heard in the Fair Work Commission. The dispute centered around the terms and conditions set out in the proposed agreement and whether they complied with the relevant industrial relations legislation. The matter was brought before the Commission to ensure that the agreement was fair and met the necessary legal standards for approval.

The primary legal issues the Court had to address involved the interpretation and compliance of the proposed agreement with the applicable industrial relations laws, particularly the Fair Work Act 2009. This included examining whether the terms of the agreement provided fair and reasonable protections for employees, and if they adhered to the requirements for employee representation and consultation. The Court also had to determine whether the agreement was consistent with the principles of the National Workplace Relations System.

In reaching its decision, the Commission carefully reviewed the provisions of the agreement, considering both the protections offered to employees and the procedural fairness of the agreement-making process. The Court noted that the agreement provided a comprehensive framework for employee representation and consultation, which was deemed to be in line with the statutory requirements. The Court found that the agreement met the necessary standards for approval, ensuring that it provided fair and reasonable terms and conditions for employees, and adhered to the principles of the National Workplace Relations System. Consequently, the Commission approved the Queensland Civil and SMP Agreement 2016.

The Court's final order was the approval of the Queensland Civil and SMP Agreement 2016, recognizing it as a valid and compliant agreement under the Fair Work Act 2009. This decision affirmed the agreement's alignment with the relevant industrial relations laws and its provision of fair terms and conditions for employees.

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