DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd and CPB Contractors Pty Ltd
(AG2016/4372)

JHCPB JV & CFMEU, CANBERRA CAPITAL METRO PROJECT AGREEMENT 2016

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the JHCPB JV & CFMEU, Canberra Capital Metro Project Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the JHCPB JV & CFMEU, Canberra Capital Metro Project Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the John Holland Pty Ltd and CPB Contractors Pty Ltd.

[2] 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 11 August 2016. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Holland Pty Ltd and CPB Contractors Pty Ltd sought approval for the JHCPB JV & CFMEU, Canberra Capital Metro Project Agreement 2016. The applicant companies were part of a joint venture awarded the contract for the Canberra Metro project. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) was the relevant union involved in the agreement. The case was heard by the Australian Building and Construction Commission (ABCC).

The court was required to determine whether the agreement met the requirements of the Building and Construction Industry (Industrial Relations) Act 2008 (Cth). Specifically, the court had to consider whether the agreement provided appropriate protections for employees, such as minimum wage rates, hours of work, and conditions of employment. The court also needed to assess whether the agreement facilitated effective workplace relations and if it aligned with broader industrial relations policies.

The court found that the agreement provided adequate protections for employees and facilitated effective workplace relations. The agreement included provisions for minimum wage rates, reasonable hours of work, and other conditions of employment. Furthermore, the agreement promoted cooperative workplace relations by establishing clear communication channels between the joint venture and the union. The court concluded that the agreement was consistent with the objectives of the Building and Construction Industry (Industrial Relations) Act 2008 (Cth) and approved the application.

The court ordered the approval of the JHCPB JV & CFMEU, Canberra Capital Metro Project Agreement 2016, subject to certain conditions. These conditions included ongoing monitoring of the agreement's implementation and the provision of regular reports to the ABCC. The court emphasised the importance of ensuring that the agreement continued to provide appropriate protections for employees and facilitated effective workplace relations throughout the duration of the project.

John Holland Pty Ltd and CPB Contractors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established