Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1956

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1737)

INTERSPAN (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 13 JUNE 2025

Application for approval of the Interspan (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Interspan (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations2009 (Cth) in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for approval of a new Enterprise Agreement with Interspan (VIC) Pty Ltd. The dispute arose as the proposed agreement, covering the period 2024 to 2027, needed to be assessed for compliance with the Fair Work Act 2009. The Commission had to decide whether the agreement met the necessary legal criteria and if it was fair and reasonable.

The key legal issues the Commission needed to address included whether the agreement provided for the proper negotiation process, if it met the minimum terms and conditions set out by the Act, and whether it was procedurally and substantively fair. The Commission considered if the agreement was made without any coercion, if it provided for minimum wage rates and entitlements, and if it included provisions for genuine collective bargaining.

The Commission found that the negotiation process was procedurally sound and that the agreement met the statutory minimum terms and conditions. The Commission also determined that the agreement was substantively fair, as it provided for reasonable terms and conditions, including wages and other entitlements. The agreement was approved, recognising the need for fair terms in the industry and the importance of maintaining good industrial relations. The Commission's decision was based on a comprehensive review of the evidence and submissions from both parties.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established