DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPB Contractors Pty Limited
(AG2021/4765)

CPB CONTRACTORS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 MAY 2021

Application for approval of the CPB Contractors Pty Limited / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the CPB Contractors Pty Limited / CFMEU Collective Agreement 2019-2023 (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] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by CPB Contractors Pty Limited to approve a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The central dispute concerned the terms and conditions outlined within the proposed agreement, including wages, working hours, and other employment-related matters. The case was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The Commission had to ensure that the agreement was made in good faith and that it did not adversely affect employees' terms and conditions of employment. Furthermore, the Commission needed to consider whether the agreement was fair and reasonable, taking into account the interests of both employers and employees.

In its decision, the Fair Work Commission examined the terms of the proposed agreement in detail, focusing on the balance of power between the parties and the fairness of the conditions. The Commission found that the agreement was made in good faith and did not unjustifiably worsen the employees' terms and conditions. The Commission also determined that the agreement was fair and reasonable, taking into account the interests of both parties and the broader context of the industry. Consequently, the Commission approved the CPB Contractors Pty Limited / CFMEU Collective Agreement 2019-2023.

The final orders of the Commission were that the agreement be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The approval was subject to the agreement being implemented in accordance with its terms, and the Commission retained the power to review and make further orders if necessary.

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