Construction, Forestry and Maritime Employees Union

[2025] FWCA 979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/670)

INTERSPAN (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS POST-TENSIONING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 MARCH 2025

Application for approval of the INTERSPAN (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning 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 Post-Tensioning Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union. 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 11 October 2024 and the Agreement was made on 27 February 2025. 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.

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 28 March 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) and INTERSPAN (VIC) PTY LTD applied for the approval of their Enterprise Agreement, specifically the Subcontractors Post-Tensioning Enterprise Agreement 2024-2027. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for subcontractors in the post-tensioning industry within Victoria.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it provided for the appropriate minimum entitlements for the employees covered by the agreement. The Commission needed to assess whether the agreement met the criteria for being a "single, clear and accessible" document and whether it provided for the "better off overall test" in terms of the financial and non-financial benefits to the employees.

The Commission found that the agreement was a single, clear, and accessible document and met all the necessary requirements under the Fair Work Act. It was comprehensive in its coverage of terms and conditions for the employees. The Commission also concluded that the agreement provided for the better off overall test, as it offered a balance of financial and non-financial benefits that were deemed fair and reasonable for the employees. The Commission approved the agreement, acknowledging the efforts of both parties in reaching a fair and equitable outcome.

The final orders of the Commission were to approve the Subcontractors Post-Tensioning Enterprise Agreement 2024-2027 between INTERSPAN (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division). The agreement was to be registered and made binding on all parties involved, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established