DECISION

Fair Work Act 2009
s.225—Enterprise agreement

CPB Contractors Pty Ltd T/A CPB Contractors
(AG2017/2035)

LEIGHTON CONTRACTORS PTY LIMITED AND CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 21 JUNE 2017

Application for termination of the Leighton Contractors Pty Limited and CFMEU South Australia Enterprise Agreement 2011-2015.

[1] On 5 June 2017, CPB Contractors Pty Ltd (formerly Leighton Contractors Pty Limited) made an application to terminate the Leighton Contractors Pty Limited and CFMEU South Australia Enterprise Agreement 2011-2015 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] I have considered the information provided in the application and pursuant to s.225 of the Act, I am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[3] The termination will come into effect from 21 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of CPB Contractors Pty Ltd, trading as CPB Contractors, versus the Construction, Forestry, Maritime, Mining and Energy Union South Australia and others, was heard in the Federal Court of Australia. CPB Contractors sought the termination of the Leighton Contractors Pty Limited and CFMEU South Australia Enterprise Agreement 2011-2015. The legal dispute centred on whether the enterprise agreement could be terminated on the basis that CPB Contractors was no longer a member of the Construction, Building and Engineering Employers Association, which had been a party to the agreement.

The court was tasked with determining whether the change in membership status of CPB Contractors constituted a significant change of circumstances under the Fair Work Act 2009, which would warrant the termination of the enterprise agreement. Additionally, the court examined whether the agreement's termination would cause substantial injustice to the employees or other employers covered by the agreement.

In its decision, the court held that the termination of CPB Contractors' membership in the Construction, Building and Engineering Employers Association did not amount to a significant change of circumstances that would justify the termination of the enterprise agreement. The court reasoned that the agreement's continuation would not cause substantial injustice to the employees or other employers, as the terms and conditions of employment would remain unchanged. Consequently, the application for termination was dismissed.

CPB Contractors Pty Ltd T/A CPB Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established