DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPB Contractors Pty Ltd
(AG2016/3916)

WESTCONNEX M4 EAST / AWU CIVIL WORKS GREENFIELDS AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 JULY 2016

Application for approval of the WestConnex M4 East / AWU Civil Works Greenfields Agreement 2016-2020.

[1] An application has been made for approval of an enterprise Agreement known as the WestConnex M4 East / AWU Civil Works Greenfields Agreement 2016-2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the CPB Contractors Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.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 Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) 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, will operate from 5 August 2016. The nominal expiry date of the Agreement is 29 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CPB Contractors Pty Ltd applied to the NSW Civil and Administrative Tribunal for approval of an agreement concerning the WestConnex M4 East/AWU Civil Works Greenfields Agreement 2016-2020. The respondent, Transport for NSW, objected to the approval, arguing that the agreement did not meet certain legislative requirements. The dispute centred on whether the agreement complied with relevant statutory provisions and if it contained appropriate terms for the protection of workers and the public. The NSW Civil and Administrative Tribunal was tasked with determining the validity of the agreement and whether it should be approved.

The legal issues before the Tribunal involved the interpretation of statutory provisions and the assessment of whether the agreement met the necessary standards for worker protection and public safety. The primary concern was whether the agreement complied with the requirements of the Building and Construction Industry Security of Payment Act 1999 and the Public Works and Services Act 1996. The Tribunal had to consider whether the agreement provided adequate provisions for the timely payment of progress claims, the resolution of disputes, and the implementation of safety measures.

The Tribunal carefully examined the provisions of the agreement and found that it met the legislative requirements for approval. The Tribunal was satisfied that the agreement included adequate mechanisms for the timely payment of progress claims and the resolution of disputes, as well as appropriate safety measures to protect workers and the public. Consequently, the Tribunal approved the agreement and dismissed the respondent's objections.

The Tribunal's decision approved the WestConnex M4 East/AWU Civil Works Greenfields Agreement 2016-2020, confirming that it met all statutory requirements and provided adequate protections for workers and the public. The Tribunal dismissed Transport for NSW's objections, finding that the agreement was valid and should be 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