DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPB Contractors Pty Ltd
(AG2019/3109)

CPB CONTRACTORS LINE-WIDE WORKS AWU CIVIL GREENFIELDS AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 15 OCTOBER 2019

Application for approval of the CPB Contractors Line-wide Works AWU Civil Greenfields Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the CPB Contractors Line-wide Works AWU Civil Greenfields Agreement 2019-2023 (the Agreement). The application was made by CPB Contractors Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2019. The nominal expiry date of the Agreement is 30 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of CPB Contractors Pty Ltd, the Australian Building and Construction Commission (ABCC) applied for approval of the CPB Contractors Line-wide Works AWU Civil Greenfields Agreement 2019-2023. The primary focus of the case was to determine whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically addressing the terms and conditions of employment within CPB Contractors' workforce. The case was heard in the Fair Work Commission.

The central legal issues revolved around whether the agreement provided a safety net of minimum terms and conditions and whether it was consistent with the objects of the Fair Work Act. The Commission was tasked with ensuring that the agreement did not undermine the existing industrial conditions and that it offered fair protections to employees. Furthermore, the court had to consider whether the agreement would facilitate efficient and productive workplace relations and whether it adhered to the principles of good faith bargaining.

The Commission found that the proposed agreement effectively provided a safety net of minimum terms and conditions, ensuring that employees were not disadvantaged. It concluded that the agreement was consistent with the objects of the Fair Work Act, as it did not undermine existing industrial conditions and offered fair protections to employees. The Commission also determined that the agreement would facilitate efficient and productive workplace relations, thereby promoting good faith bargaining. Consequently, the application for approval was granted, and the CPB Contractors Line-wide Works AWU Civil Greenfields Agreement 2019-2023 was approved.

CPB Contractors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established