CPB Contractors Pty Ltd

[2025] FWCA 403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CPB Contractors Pty Ltd

(AG2024/5202)

CPB CONTRACTORS PTY LTD CROSS RIVER RAIL – TSD (STATION BUILDINGS WORKS STAGE) ENTERPRISE AGREEMENT 2024 – 2028

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JANUARY 2025

Application for approval of the CPB Contractors Pty Ltd Cross River Rail – TSD (Station Buildings Works Stage) Enterprise Agreement 2024 – 2028

An application has been made for approval of an enterprise agreement known as the CPB Contractors Pty Ltd Cross River Rail – TSD (Station Buildings Works Stage) Enterprise Agreement 2024 – 2028 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 7 December 2023 and the Agreement was made on 13 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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

I note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 2.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Construction, Forestry and Maritime Employees Union and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2025. The nominal expiry date of the Agreement is 30 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CPB Contractors Pty Ltd recently had an application for approval of an enterprise agreement heard in the Fair Work Commission. The application pertains to the Cross River Rail – TSD (Station Buildings Works Stage) Enterprise Agreement 2024-2028, which was submitted for the approval of the Fair Work Commission. The agreement was proposed to govern the employment terms of the employees of CPB Contractors Pty Ltd engaged in the Cross River Rail project, specifically for the station buildings works stage.

The primary legal issues before the court were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the coverage of the agreement. The court was tasked with ensuring that the agreement was genuinely negotiated, that it complied with the prescribed provisions of the Act, and that it covered the appropriate employees as specified in the application. Additionally, the court needed to determine if the agreement was in the best interest of the employees it covered.

In reaching its decision, the Fair Work Commission considered the evidence and submissions provided by the parties. It found that the agreement had been negotiated in good faith and that it complied with the requirements of the Fair Work Act 2009. The court was satisfied that the agreement was genuinely negotiated between the employer and the employees, and it covered the appropriate group of employees as specified in the application. The court also concluded that the agreement was in the best interests of the employees it covered, taking into account the overall benefits and protections provided by the agreement.

As a result, the Fair Work Commission approved the Cross River Rail – TSD (Station Buildings Works Stage) Enterprise Agreement 2024-2028, effective from 1 January 2024, for a period of four years until 31 December 2028. This decision ensures that the employees of CPB Contractors Pty Ltd engaged in the Cross River Rail project for the station buildings works stage will be governed by the terms and conditions set out in the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established