Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7827)

INTERSPAN (WA) PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 OCTOBER 2021

Application for approval of the Interspan (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Interspan (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[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 has been met. In accordance with s 187(5) of the Act, I am satisfied that the CFMMEU 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, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[4] The Agreement was approved on 14 October 2021 and, in accordance with s 54, will operate from 21 October 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for the approval of the Interspan (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024. The agreement was the result of negotiations between Interspan and the CFMEU, covering employees in Western Australia. The Federal Court of Australia was tasked with determining whether the agreement should be approved.

The central legal issue was whether the agreement complied with the Fair Work Act 2009. Specifically, the court examined whether the agreement contained all the mandated terms, including minimum wages and conditions, and whether it was free from prohibited content. The court also assessed if the agreement had been fairly negotiated and if it met the requirements for good faith bargaining.

The court found that the agreement was in compliance with the statutory requirements. It contained all the necessary mandated terms and was free from prohibited content. The agreement was the product of genuine negotiations between the parties and was made in good faith. The court concluded that the agreement met all the criteria for approval under the Fair Work Act. Consequently, the application for approval was successful.

The final orders of the court approved the Interspan (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024, thereby allowing it to take effect as a legally binding agreement between the parties. The agreement would now govern the terms and conditions of employment for the relevant employees in accordance with the provisions set out within it.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established