CPB Contractors Pty Limited

Case

[2019] FWCA 6254

9 SEPTEMBER 2019

No judgment structure available for this case.

[2019] FWCA 6254
FAIR WORK COMMISSION

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

<AE505186  PR712130>

Appendix A.

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