Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4774)

INTERSPAN (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 DECEMBER 2024

Application for approval of the Interspan (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Interspan (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 11 December 2024.

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 applied for the approval of a collective agreement entered into with Interspan (NSW) Pty Ltd. The agreement covered the period from 2024 to 2027 and addressed various terms and conditions of employment for the employees within the organisation. The dispute centred around whether the agreement complied with relevant statutory requirements and whether it adequately protected the rights and interests of the employees.

The legal issues before the court involved scrutinising the agreement to ensure it adhered to the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court examined whether the agreement was made in good faith, whether it included appropriate provisions for employee protections, and whether it complied with the principles of procedural fairness. Additionally, the court needed to determine if the agreement provided a fair and reasonable basis for resolving the employment relationship between the union and the employer.

The court's reasoning involved a detailed analysis of the provisions of the agreement and relevant legislative provisions. The court found that the agreement was made in good faith and complied with the statutory requirements. It concluded that the agreement provided fair and reasonable terms and conditions of employment, including provisions for employee protections. The court further determined that the agreement was procedurally fair and did not contravene any principles of natural justice. Consequently, the court approved the collective agreement, recognising its compliance with the relevant legislation and its appropriateness in addressing the employment relationship between the union and the employer.

The final order of the court was to approve the Interspan (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027, confirming its validity and enforceability under the Fair Work Act 2009. This decision provided certainty for both the union and the employer regarding the terms and conditions of employment for the specified period.

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