DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5102)

INTERSPAN NSW PTY LTD AND CFMEU ACT POST-TENSIONING SECTOR AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 MAY 2021

Application for approval of the Interspan NSW Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Interspan NSW Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2021 (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, 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 26 May 2021. The nominal expiry date of the Agreement is 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of an agreement with Interspan NSW Pty Ltd. The union sought to have the agreement registered as a lawful industrial instrument, ensuring its enforceability and compliance with the Fair Work Act 2009. The legal issues at hand centred on the legitimacy and enforceability of the agreement, specifically whether it met the formal requirements for approval as stipulated in the Fair Work Act.

The court meticulously examined the agreement to determine if it contained all the necessary components required by law, such as details regarding the classification of employees, rates of pay, and other employment conditions. The union argued that the agreement was comprehensive and compliant with the Act, while any objections were minor and did not undermine the agreement's validity. The court found that the agreement was indeed in compliance with the legislative requirements and thus approved it as a lawful industrial instrument. The decision was grounded on the court's interpretation that the agreement sufficiently addressed the necessary conditions and did not contravene any provisions of the Fair Work Act.

Consequently, the court granted the application for approval of the Interspan NSW Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2021, allowing it to be registered and enforced as a lawful industrial instrument. This decision reinforces the importance of adhering to statutory requirements in the drafting and registration of industrial agreements, ensuring that both employers and unions can rely on the enforceability of such agreements.

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