DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPB Contractors Pty Ltd and Ors
(AG2016/4327)

WESTCONNEX NEW M5 / AWU TUNNELLING WORKS GREENFIELDS AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the WestConnex New M5 / AWU Tunnelling Works Greenfields Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the WestConnex New M5 / AWU Tunnelling Works Greenfields Agreement 2016-2020 (Agreement). The application was made by CPB Contractors Pty Ltd; Dragados Australia Pty Ltd and Samsung C&T Corporation pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 are 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] 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2016. The nominal expiry date of the Agreement is 28 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CPB Contractors Pty Ltd and others brought an application for the approval of the WestConnex New M5 / AWU Tunnelling Works Greenfields Agreement 2016-2020 before the Federal Circuit and Family Court. The dispute centred around the approval of an enterprise agreement that would govern the working conditions and terms of employment for employees involved in the WestConnex project, a significant infrastructure development in New South Wales. The primary contention was whether the agreement met the necessary legal requirements under the Fair Work Act 2009.

The court had to determine whether the agreement was made in good faith, whether it provided for a fair and efficient system for resolving disputes, and if it complied with the provisions of the Fair Work Act. Additionally, the court considered whether the agreement adequately addressed the needs of the employees and the business and if it was free from any improper influence or coercion. The fairness and appropriateness of the agreement's provisions regarding wages, working conditions, and other employment terms were also scrutinised.

The court found that the agreement was made in good faith and provided for a fair and efficient system for resolving disputes. The provisions of the agreement were deemed fair and reasonable, taking into account the interests of both the employees and the employers. The court concluded that the agreement complied with all relevant statutory requirements and was therefore appropriate for approval. The agreement was approved, allowing it to come into effect and govern the employment terms for the specified period.

CPB Contractors Pty Ltd and Ors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established