DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5141)

SPANOS (QLD) PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 MAY 2021

Application for approval of the Spanos (QLD) Pty Limited and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Spanos (QLD) Pty Limited and CFMEU Union Collective Agreement 2020‒2022 (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 2 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of a collective agreement made with Spanos (QLD) Pty Limited. The application was heard in the Fair Work Commission. The primary focus of the dispute was the terms and conditions of employment outlined in the proposed collective agreement between the union and the employer.

The legal issues before the commission involved assessing whether the collective agreement was consistent with the provisions of the Fair Work Act 2009, and if it was in the best interests of the employees it sought to represent. This included examining the agreement's compliance with the "better off overall test" which requires that the agreement must be more advantageous to the employees than the applicable award or registered agreement. The commission also considered whether the agreement contained any provisions that might be deemed unfair or contrary to public policy.

In rendering its decision, the commission found that the collective agreement met the statutory requirements and was indeed in the best interests of the employees. The commission emphasised that the agreement provided for a fair and reasonable balance of rights and obligations between the employer and the employees. The provisions regarding wages, conditions, and dispute resolution mechanisms were deemed adequate and fair. The commission concluded that the agreement was better off overall for the employees compared to the existing award, thereby satisfying the statutory requirements. The final orders of the commission were to approve the collective agreement, which will now be binding on the parties for the specified period.

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