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

[2023] FWCA 1802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/1870)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 22 JUNE 2023

Application for approval of the CPB Contractors (Victoria) Pty Limited and the CFMEU (Victorian Construction and General Division) Major Civil Contractor 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) Major Civil Contractor 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 CPB Contractors (Victoria) Pty Limited. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the CPB Contractors (Victoria) Pty Limited and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2020-2023. The application was brought by the CFMEU, who sought to have the agreement certified as a simple, modern, and fair agreement. The application was opposed by CPB Contractors, who raised objections to the approval of the agreement on the basis that it did not meet the necessary criteria.

The central legal issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act 2009 (Cth) for an enterprise agreement to be approved and registered as a modern award. Specifically, the Commission had to determine whether the agreement was simple, modern, and fair, and whether it complied with the provisions of the Act.

In delivering its decision, the Commission noted that the agreement contained a number of provisions that were complex and not easily understood by employees. However, the Commission also found that the agreement contained a number of provisions that were modern and fair, such as provisions relating to flexible working arrangements and provisions that recognised the importance of work-life balance. Ultimately, the Commission was satisfied that the agreement met the necessary criteria for approval and registration as a modern award.

Accordingly, the Commission approved and registered the agreement as a modern award. The decision provides useful guidance to employers and unions on the requirements for an enterprise agreement to be approved and registered as a modern award. It highlights the importance of simplicity and clarity in enterprise agreements, while also recognising the value of provisions that promote modern and fair working arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established