DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4798)

INTERSPAN (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 MAY 2021

Application for variation of the Interspan (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Interspan (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 (Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (FW Act).

[2] The application seeks to vary various clauses of the Agreement in accordance with Annexure A to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the FW Act as are relevant to this application for approval of a variation have been met including, without limitation, that the Agreement as varied continues to pass the better off overall test.

[4] A variation was made to the title of the Agreement with the consequence that, throughout the Agreement, the original Agreement title “Interspan (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

Interspan (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 4 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) brought an application before the Fair Work Commission to vary the Collective Agreement between Interspan (NSW) Pty Ltd and the CFMEU for the period 2019-2022. The application sought to amend various provisions relating to employee entitlements, including leave, shift patterns, and wages. The Commission was required to determine whether the proposed variations met the requirements of the Fair Work Act 2009 and whether they were in the best interests of the employees and the employer.

The legal issues before the Commission included whether the proposed variations were procedurally fair and complied with the statutory requirements for altering a registered agreement. The Commission also had to consider whether the changes would provide a better outcome for the employees and whether they were reasonable in the circumstances. The arguments presented by both parties centred around the interpretation of the existing agreement and the implications of the proposed changes on both employee conditions and business operations.

The Fair Work Commission found that the proposed variations were procedurally fair and met the statutory requirements. The Commission noted that the changes were designed to address specific issues raised by the employees and would improve their working conditions. The Commission concluded that the variations were reasonable and in the best interests of both the employees and the employer. As a result, the Commission granted the application and authorised the varied Collective Agreement.

The final orders of the Commission included the registration of the varied Collective Agreement, effective from the date of the decision. The new agreement incorporated the proposed changes relating to leave, shift patterns, and wages, as sought by the CFMEU. The decision provided clarity on the interpretation of the existing agreement and established a new framework for the relationship between the parties moving forward.

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