DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPB Contractors Pty Ltd and Ors
(AG2016/5150)

WESTCONNEX NEW M5 / AWU CIVIL 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 Civil Works Greenfields Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the WestConnex New M5 / AWU Civil 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 before the Federal Court of Australia to approve the WestConnex New M5 / AWU Civil Works Greenfields Agreement 2016-2020. The agreement was between the contractor and the Australian Workers' Union (AWU) and governed the employment conditions of workers on the WestConnex project, a significant infrastructure project in Sydney. The application was brought pursuant to section 234 of the Fair Work Act 2009, seeking the court's approval of the agreement to prevent industrial action.

The primary legal issue was whether the agreement was in the public interest and met the requirements of section 234 of the Fair Work Act. The court had to consider the provisions of the agreement, the interests of the parties, and whether the agreement would promote harmonious, productive, and cooperative workplace relations. The AWU opposed the application, arguing that the agreement did not adequately protect the rights and conditions of the workers.

The court found that the agreement did meet the requirements of section 234. It was concluded that the agreement was in the public interest and would promote harmonious, productive, and cooperative workplace relations. The court was satisfied that the agreement contained provisions that addressed key issues such as wages, hours of work, and other terms and conditions of employment. The court also noted that the agreement had been negotiated in good faith and was supported by the contractor. The application was therefore approved, and the agreement was certified as meeting the requirements of the Fair Work Act.

The court ordered that the WestConnex New M5 / AWU Civil Works Greenfields Agreement 2016-2020 be approved and certified as meeting the requirements of section 234 of the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would apply to the workers employed on the WestConnex project. The decision was a significant milestone for the project, as it ensured that the agreement was legally binding and protected the rights and conditions of the workers.

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