DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5907)

SPAN SYSTEMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 JULY 2021

Application for approval of the SPAN SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the SPAN SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, SPAN SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division), sought approval of their Builder Enterprise Agreement for the period 2020-2023. The application was brought before the Fair Work Commission (FWC), Australia's independent national workplace relations tribunal. The dispute centred on whether the terms of the proposed agreement were consistent with the requirements of the Fair Work Act 2009.

The FWC had to determine if the agreement met the criteria for approval, specifically whether it complied with the good faith bargaining provisions, did not disadvantage employees, and was in the best interests of the employees it covered. Additionally, the court had to consider if the agreement was fair and reasonable, taking into account the need to facilitate a productive workplace relationship.

The FWC found that the agreement was consistent with the statutory requirements. The Commission concluded that the agreement was negotiated in good faith and did not disadvantage employees. The FWC also determined that the terms of the agreement were fair and reasonable, considering the broader economic and employment context. The application was approved based on these findings.

The FWC approved the Builder Enterprise Agreement between SPAN SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2020-2023, confirming its compliance with the relevant provisions of the Fair Work Act 2009.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established