CPB Contractors (Victoria) Pty Limited T/A CPB Contractors (Victoria)

[2024] FWCA 1222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CPB Contractors (Victoria) Pty Limited T/A CPB Contractors (Victoria)

(AG2024/944)

CPB CONTRACTORS (VICTORIA) PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 APRIL 2024

Application for approval of the CPB Contractors (Victoria) Pty Limited and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the CPB Contractors (Victoria) Pty Limited and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the CPB Contractors (Victoria) Pty Limited T/A CPB Contractors (Victoria). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 February 2024 and the Agreement was made on 13 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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.

The Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2024. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the CPB Contractors (Victoria) Pty Limited and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission (FWC) under section 234 of the Fair Work Act 2009. The FWC was asked to determine whether the agreement should be approved as a registered agreement. The parties involved in the dispute are CPB Contractors (Victoria) Pty Limited, trading as CPB Contractors, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), Victorian Construction and General Division. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically whether it met the necessary criteria for registration under the Fair Work Act.

The primary legal issues before the FWC were whether the proposed agreement was a genuine enterprise agreement and whether it contained all the mandatory terms required by the Fair Work Act. The FWC had to determine if the agreement was made in good faith, if it was applicable to a relevant group of employees, and if it contained the minimum terms and conditions specified by the Act. Additionally, the FWC considered if the agreement was consistent with the objects of the Fair Work Act, including whether it provided for the fair and efficient resolution of workplace issues.

The FWC assessed the application by examining the evidence and submissions provided by both parties. It considered the process by which the agreement was negotiated and the manner in which the parties had fulfilled their obligations under the Act. The FWC found that the agreement was made in good faith and was applicable to a relevant group of employees. It also determined that the agreement contained all the mandatory terms required by the Fair Work Act and was consistent with the objects of the Act. Consequently, the FWC approved the agreement as a registered agreement.

In conclusion, the FWC granted the application for the approval of the CPB Contractors (Victoria) Pty Limited and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The FWC determined that the agreement met all the necessary criteria for registration under the Fair Work Act and approved it as a registered agreement. This decision provided legal certainty for the terms and conditions of employment for the relevant group of employees and ensured compliance with the statutory requirements for enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established