DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPB Contractors Pty Ltd
(AG2016/5705)

WESTERN REGION ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 NOVEMBER 2016

Application for approval of the Western Region Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Western Region Enterprise Agreement 2016 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2016. The nominal expiry date of the Agreement is 15 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

CPB Contractors Pty Ltd recently appeared before the Fair Work Commission in a case concerning the approval of the Western Region Enterprise Agreement 2016. The applicant, CPB Contractors, sought approval for the agreement, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union, while generally supportive of the agreement, raised specific concerns about certain provisions.

The legal issues before the commission involved determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing if the agreement provided for a fair and efficient method of determining wages and other conditions, and if it complied with the “better off overall test” that required the agreement to be no worse than the applicable award or registered agreement in terms of wages and conditions. Additionally, the commission had to consider whether the agreement had been negotiated in good faith and if it included adequate provisions for employee representation and dispute resolution.

The Fair Work Commission found that the agreement largely met the criteria for approval. It determined that the agreement provided for a fair and efficient method of determining wages and conditions and satisfied the better off overall test. The commission also concluded that the agreement had been negotiated in good faith and included adequate provisions for employee representation and dispute resolution. However, it made minor amendments to address the union’s concerns, particularly regarding specific clauses that were deemed not to meet the statutory requirements.

The commission approved the Western Region Enterprise Agreement 2016 with the amendments, ensuring it complied with all legal standards. The decision reflects a balanced approach, recognising the need for a fair agreement while also addressing specific concerns raised by the union. The final orders were to approve the agreement as amended, subject to the terms and conditions set out in the decision.

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