DECISION

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

CPB Contractors Pty Limited
(AG2017/5368)

CPB NSW CIVIL WORKS ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 9 SEPTEMBER 2019

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

[1] An application has been made to the Fair Work Commission (Commission) for approval of an enterprise agreement known as the CPB 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 Limited.

[2] This matter has some history. I refer to my earlier decision in [2019] FWC 6198 as I do not intend to revisit the entire background in this decision.

[3] The Agreement is a single enterprise agreement.

[4] Ms Roushan Walsh, Industrial Officer of the Australian Workers’ Union New South Wales Branch (AWU), filed a Form F18 statutory declaration giving notice under s.183 of the Act that the AWU wanted the Agreement to cover it.

[5] The Applicant has provided written undertakings. These undertakings are attached below in Appendix 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.

[6] 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. The undertakings are taken to be a term of the agreement.

[7] In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

CPB Contractors Pty Limited recently sought approval of an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the proposed agreement should be approved. The dispute arose between CPB Contractors Pty Limited, the employer, and the employees covered by the proposed agreement. The Commission considered whether the agreement met the requirements of the Act, particularly focusing on the procedural fairness in its negotiation and the substantive fairness of the terms.

The legal issues before the Commission involved assessing whether the negotiation process adhered to the Act's provisions and whether the agreement itself provided fair and reasonable terms for the employees. The Commission examined evidence regarding the negotiation process, including whether there was genuine consultation and whether the agreement reflected a fair and reasonable balance of interests. Additionally, the Commission evaluated whether the agreement provided for fair and reasonable terms in line with the principles of the Act.

In reaching its decision, the Commission found that the negotiation process had been conducted in a manner consistent with the Act, with sufficient evidence of genuine consultation and fairness. The Commission also determined that the terms of the proposed agreement were fair and reasonable, providing for adequate protections and benefits for the employees. Consequently, the Commission approved the CPB NSW Civil Works Enterprise Agreement 2017 - 2021, confirming its compliance with the statutory requirements.

The final orders of the Commission included the approval of the enterprise agreement, which would now apply to the employees of CPB Contractors Pty Limited for the specified period. The Commission's decision underscored the importance of procedural and substantive fairness in the negotiation and terms of enterprise agreements.

CPB Contractors Pty Limited

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established