CPB Contractors Pty Limited

[2025] FWCA 1710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CPB Contractors Pty Limited

(AG2025/1378)

HUMELINK WEST TRANSMISSION LINE CONSTRUCTION ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 21 MAY 2025

Application for approval of the HumeLink West Transmission Line Construction Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the HumeLink West Transmission Line Construction Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by CPB Contractors Pty Limited (CPB). The Agreement is a single enterprise greenfields agreement which covers CPB and UGL Engineering Pty Limited in relation to an unincorporated joint venture.

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

Noting clause 1.6.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was made with The Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), which means the Agreement covers the AWU and CEPU in accordance with s.53(2)(b) of the FW Act.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 6 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CPB Contractors Pty Limited was the subject of an application to the Fair Work Commission for the approval of the HumeLink West Transmission Line Construction Enterprise Agreement 2025. The applicant, CPB Contractors, sought to have the agreement approved as a single enterprise agreement. This was opposed by the Electrical Trades Union of Australia, which argued that the agreement should not be approved as a single enterprise agreement, and instead be divided into separate agreements for different classes of employees. The nature of the dispute was whether the proposed agreement could be considered a single enterprise agreement covering all employees involved in the HumeLink West Transmission Line construction project, or if it should be segmented into multiple agreements for different employee classifications.

The primary legal issue before the Fair Work Commission was whether the proposed agreement could be approved as a single enterprise agreement. This involved assessing whether the agreement met the criteria for being a single enterprise agreement under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement applied to a single enterprise and whether it covered all employees within that enterprise. The Commission also needed to consider whether there were any legitimate reasons for segmenting the agreement into different agreements for different classes of employees.

In making its decision, the Commission examined the scope of the proposed agreement and the definition of the enterprise it covered. It considered the nature of the work being undertaken and the employees involved in the HumeLink West Transmission Line construction project. The Commission concluded that the proposed agreement did indeed cover a single enterprise and all employees within that enterprise. It found that there were no legitimate reasons to segment the agreement into different agreements for different classes of employees. Therefore, the Commission approved the HumeLink West Transmission Line Construction Enterprise Agreement 2025 as a single enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established