CPB Contractors Pty Ltd Summary

[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

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).

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

CPB Contractors Pty Ltd applied to the Fair Work Commission for approval of a workplace agreement between the CPB Ghella Joint Venture and the Australian Workers' Union. The application involved the Western Sydney Airport Station Boxes and Tunneling (SBT) project. The union argued that the agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the application met the criteria for an agreement to be approved and whether the agreement complied with the provisions of the Act. The Commission considered whether the agreement was a "good faith" agreement and whether it met the "better off overall test." The Commission found that the agreement was a "good faith" agreement and met the "better off overall test." The agreement was approved as it provided for better pay and conditions for the workers involved in the project. The Commission also found that the agreement did not contravene any provision of the Act. The Commission approved the application for the CPB Ghella Joint Venture - Western Sydney Airport Station Boxes and Tunneling (SBT), AWU Greenfield Agreement.

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