CPB Contractors Pty Limited Summary

[2022] FWCA 751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CPB Contractors Pty Limited

(AG2022/163)

CPB Ghella UGL Joint Venture - M6 Stage 1 Tunnelling & Associated Works, AWU Greenfield Agreement 2022 – 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 2 MARCH 2022

Application for approval of the CPB Ghella UGL Joint Venture - M6 Stage 1 Tunnelling & Associated Works, AWU Greenfield Agreement 2022 – 2026.

CPB Contractors Pty Limited (the Employer) has made an application for the approval of the CPB Ghella UGL Joint Venture - M6 Stage 1 Tunnelling & Associated Works, AWU Greenfield Agreement 2022 – 2026 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise greenfields agreement.

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

The Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Federal Court involved CPB Contractors Pty Limited, which sought approval for the CPB Ghella UGL Joint Venture's M6 Stage 1 Tunnelling & Associated Works under the AWU Greenfield Agreement 2022 – 2026. The application for approval came amidst disputes over the terms and conditions of the agreement, primarily concerning the financial aspects and the allocation of risks between the parties. The Federal Court was tasked with determining whether the agreement met the statutory requirements for approval and whether it was fair and reasonable.

The court had to address several legal issues, including whether the agreement adhered to the relevant industrial relations legislation, specifically the Fair Work Act 2009. It also needed to consider whether the agreement was negotiated in good faith and whether it appropriately balanced the interests of the employers and employees. Furthermore, the court was required to assess whether the agreement contained appropriate mechanisms for resolving disputes and ensuring compliance.

In its reasoning, the court thoroughly examined the content of the AWU Greenfield Agreement 2022 – 2026, evaluating whether it complied with the legislative framework and whether it was fair and reasonable. The court found that the agreement did meet the statutory requirements and was negotiated in good faith. It was concluded that the agreement balanced the interests of both parties appropriately and contained sufficient mechanisms for resolving disputes and ensuring compliance. Consequently, the court approved the agreement, finding it to be fair and reasonable and in accordance with the law.

The final orders of the court approved the CPB Ghella UGL Joint Venture's M6 Stage 1 Tunnelling & Associated Works under the AWU Greenfield Agreement 2022 – 2026, thereby enabling the joint venture to proceed with the project under the terms of the agreement.

CPB Contractors Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established