DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPB Contractors Pty Ltd t/a CPB Contractors
(AG2016/3927)

CPB CONTRACTORS NRT PROJECT ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 AUGUST 2016

Application for approval of the CPB Contractors NRT Project Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the CPB Contractors NRT Project Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CPB Contractors Pty Ltd t/a CPB Contractors. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Workers’ Union and Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2016. The nominal expiry date of the Agreement is 22 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved CPB Contractors Pty Ltd, trading as CPB Contractors, which applied to the Fair Work Commission for the approval of the CPB Contractors NRT Project Enterprise Agreement 2016-2020. The application came before the Commission in a bid to ensure that the proposed agreement met the legal standards set forth under the Fair Work Act 2009. CPB Contractors sought to formalise the terms and conditions of employment for its employees covered by the agreement, which included matters such as wages, hours of work, leave, and other employment conditions.

The primary legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act and whether it was in the best interests of the employees. The Commission had to determine if the agreement was made in good faith, without coercion, and if it contained the prescribed minimum terms and conditions. Additionally, the Commission needed to consider whether the agreement adequately provided for the health and safety of employees, and whether it was fair and reasonable in all its aspects.

The Commission carefully examined the evidence presented by CPB Contractors and the submissions made by the parties involved. It found that the agreement was made in good faith, without any coercion, and contained all the prescribed minimum terms and conditions. The Commission also concluded that the agreement provided adequately for the health and safety of employees and was fair and reasonable in all its aspects. Based on these findings, the Commission approved the CPB Contractors NRT Project Enterprise Agreement 2016-2020, deeming it to be in the best interests of the employees.

The Fair Work Commission approved the CPB Contractors NRT Project Enterprise Agreement 2016-2020, effective from the date of the decision. This approval means that the terms and conditions set out in the agreement are legally binding on both CPB Contractors and its employees for the specified period.

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