DECISION

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

CPB Contractors Pty Limited T/A CPB Contractors
(AG2019/846)

CPB CONTRACTORS COFFS HARBOUR PRECAST FACILITY AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 13 JUNE 2019

Application for approval of the CPB Contractors Coffs Harbour Precast Facility Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the CPB Contractors Coffs Harbour Precast Facility 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 t/a CPB Contractors. The Agreement is a single enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 13 June 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Industrial Relations Manager (NSW & ACT), proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 13 June 2023.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CPB Contractors Pty Limited T/A CPB Contractors applied to the Federal Circuit and Family Court of Australia for approval of the CPB Contractors Coffs Harbour Precast Facility Agreement 2019-2023. The application arose from the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The applicant sought to have the agreement registered as a lawful agreement under the Fair Work Act. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The union opposed the registration of the agreement, arguing that it did not meet the requirements of the Fair Work Act.

The court considered whether the agreement was a lawful agreement under the Fair Work Act and whether it was in the public interest to approve it. The court examined the nature of the agreement, the process by which it was made, and the interests of the parties involved. The court also considered whether the agreement met the criteria for approval under the Fair Work Act. After considering the evidence and submissions from both parties, the court was satisfied that the agreement was a lawful agreement and in the public interest.

The court approved the agreement, finding that it met the requirements of the Fair Work Act. The court found that the agreement was not contrary to public policy and did not contravene any other law. The court also found that the agreement was not likely to have an adverse effect on the employment conditions of the employees covered by the agreement. The court approved the agreement, subject to certain conditions, including the requirement that the applicant provide the Fair Work Commission with certain information and data.

CPB Contractors Pty Limited T/A CPB Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established