CPB Contractors Pty Ltd Summary

[2023] FWCA 1391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

CPB Contractors Pty Ltd

(AG2023/1287)

CPB SOUTHERN REGION ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 15 MAY 2023

Application for approval of the CPB Southern Region Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the CPB Southern Region Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by CPB Contractors Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 15 May 2023.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 21 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the CPB Southern Region Enterprise Agreement 2023. The parties involved were CPB Contractors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 and provided fair and reasonable terms and conditions for employees. The court was the Fair Work Commission.

The legal issues the court needed to decide included whether the agreement provided for minimum terms, whether it included the required provisions for dispute resolution, and whether it was consistent with the Fair Work Act. The court also needed to consider whether the agreement provided for fair and reasonable terms and conditions for employees and whether it was consistent with any relevant awards or other agreements.

The court found that the agreement met the requirements of the Fair Work Act and provided for minimum terms. The court also found that the agreement included the required provisions for dispute resolution and was consistent with the Fair Work Act. The court found that the agreement provided for fair and reasonable terms and conditions for employees and was consistent with any relevant awards or other agreements. The court approved the agreement, subject to certain modifications to ensure that it met the requirements of the Fair Work Act.

The final orders of the court were that the CPB Southern Region Enterprise Agreement 2023 be approved, subject to certain modifications. The modifications included changes to the agreement to ensure that it met the requirements of the Fair Work Act, including the provision of minimum terms and the inclusion of required provisions for dispute resolution. The court also ordered that the modifications be implemented within a specified timeframe.

CPB Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established