DECISION

Fair Work Act 2009
s.210—Enterprise agreement

CPB Contractors Pty Ltd
(AG2017/538)

WESTERN REGION ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 8 MARCH 2017

Application for variation of the Western Region Enterprise Agreement 2016.

[1] An application has been made for approval of a variation of the Western Region Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by CPB Contractors Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

CPB Contractors Pty Ltd sought a variation of the Western Region Enterprise Agreement 2016 before the Fair Work Commission. The applicant, CPB Contractors, aimed to amend certain clauses within the agreement to reflect changes in business operations and market conditions. The application raised questions about the appropriate process for seeking variations in enterprise agreements and the criteria that should be applied in assessing such applications.

The legal issues before the commission centred on the interpretation and application of the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine whether the application complied with the statutory requirements for varying an enterprise agreement and whether the proposed changes were justified under the circumstances. The commission also had to consider the impact of the proposed changes on the employees covered by the agreement, ensuring that the process was fair and balanced.

In its decision, the Fair Work Commission found that the application was procedurally sound and that the proposed changes were reasonable and necessary given the context of the changes in business operations. The commission emphasised the importance of maintaining flexibility in enterprise agreements to allow for adaptations to economic and operational realities. The court concluded that the proposed variations were in the best interests of both the employer and the employees, and accordingly, granted the application for variation of the agreement. The final orders reflected the changes as proposed by CPB Contractors, ensuring the updated agreement would better serve the needs of both parties in the future.

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