DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPB Contractors Pty Ltd
(AG2016/3914)

WESTCONNEX M4 EAST / AWU TUNNELLING 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 Tunnelling Works Greenfields Agreement 2016-2020.

[1] An application has been made for approval of an enterprise Agreement known as the WestConnex M4 East / AWU Tunnelling 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 recently applied to the Federal Circuit and Family Court of Australia for the approval of the WestConnex M4 East/AWU Tunnelling Works Greenfields Agreement 2016-2020. The applicant, CPB Contractors, is a company involved in the construction of the WestConnex project, a major infrastructure project in New South Wales. The dispute concerns the approval of a workplace agreement that governs the terms and conditions of employment for workers involved in the tunnelling works. The Federal Circuit and Family Court was asked to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement was a "modern award" as defined in the Fair Work Act and whether the agreement satisfied the requirements for approval under the Act. The court had to consider whether the agreement was made in accordance with the provisions of the Act, whether it dealt with the terms and conditions of employment in a manner that complied with the Act, and whether the agreement provided for the protection of employees' rights and entitlements. The court also had to consider whether the agreement was fair and reasonable, and whether it provided for an appropriate balance between the interests of employers and employees.

The court found that the agreement met the legal requirements for approval under the Fair Work Act. The agreement was a modern award as it dealt with the terms and conditions of employment for workers involved in the tunnelling works, and it provided for the protection of employees' rights and entitlements. The court also found that the agreement was fair and reasonable, and provided for an appropriate balance between the interests of employers and employees. The court approved the agreement, and the application was successful.

The court made an order approving the WestConnex M4 East/AWU Tunnelling Works Greenfields Agreement 2016-2020, and the agreement is now in force. The approval of the agreement means that it will govern the terms and conditions of employment for workers involved in the tunnelling works, and it will provide a framework for resolving any disputes that may arise between employers and employees in the future. The decision of the court is a significant step forward in the completion of the WestConnex project, which is expected to have a major impact on the economy and infrastructure of New South Wales.

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