CPB Contractors Pty Ltd
[2025] FWCA 403
•31 JANUARY 2025
| [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
<AE527861 PR783878>
0
0
0