CPB Contractors Pty Ltd

[2022] FWCA 3693

[2022] FWCA 3693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CPB Contractors Pty Ltd

(AG2022/4073)

CPB Ghella Joint Venture - Western Sydney Airport Station Boxes and Tunneling (SBT), AWU Greenfield Agreement

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 OCTOBER 2022

Application for approval of the CPB Ghella Joint Venture - Western Sydney Airport Station Boxes and Tunneling (SBT), AWU Greenfield Agreement

1. CPB Contractors Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the CPB Ghella Joint Venture - Western Sydney Airport Station Boxes and Tunneling (SBT), AWU Greenfield Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

1. 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.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertaking is taken to be a term of the Agreement.

1. Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

1. The Agreement was approved on 21 October 2022 and, in accordance with s 54, will operate from 28 October 2022. The nominal expiry date of the Agreement is 31 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A