CPB Projects Pty Ltd T/A CPB Projects Pty Ltd

[2024] FWCA 1619

[2024] FWCA 1619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CPB Projects Pty Ltd T/A CPB Projects Pty Ltd

(AG2024/1284)

CPB PROJECTS PTY LTD BHP WESTERN RIDGE CRUSHER PROJECT AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 3 MAY 2024

Application for approval of the CPB Projects Pty Ltd BHP Western Ridge CrusherProject Agreement 2024

1. CPB Projects Pty Ltd T/A CPB Projects Pty Ltd has applied for approval of a greenfields agreement known as the CPB Projects Pty Ltd BHP Western Ridge Crusher Project Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. This is a greenfields agreement that meets the requirements of s 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.

1. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union is 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.

1. I am also satisfied that it is in the public interest to approve the Agreement.

1. I note that Clauses 11(f) and 14(n)(ii) are inconsistent with the National Employment Standards as it is unclear whether moneys owed will be deducted from NES entitlements. The clauses may also be inconsistent with s 324 of the Act and have no effect due to s 326. Given the National Employment Standards precedence clause at clause 5(e) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. The Agreement did not include a consultation term that complied with s 205 of the Act. Therefore, under 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.

1. 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 this organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 May 2024.

1. In accordance with Clause 5(a), the nominal expiry date of the Agreement is 3 May 2028.

COMMISSIONER

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