DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1667)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Interspan (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 3 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a collective agreement between Interspan (NSW) Pty Ltd and the union, covering the period from 2019 to 2022. The application was brought before the Fair Work Commission, which was required to determine whether the agreement was in the public interest and aligned with the principles of the Fair Work Act 2009.

The central legal issues the Commission needed to address were whether the agreement adequately protected the rights of employees, whether it complied with the statutory framework and the principles of industrial justice, and whether it had been negotiated in good faith. The CFMEU argued that the agreement was necessary to ensure fair treatment of workers and to provide a framework for resolving workplace disputes. Interspan, on the other hand, contended that certain provisions of the agreement were overly restrictive and could potentially undermine their operational flexibility.

In its reasoning, the Commission noted that while the agreement contained provisions that were generally in line with the principles of the Fair Work Act, there were specific clauses that required modification to ensure they did not impose undue restrictions on the employer's ability to manage its business. The Commission found that the agreement, as a whole, was beneficial in promoting fair treatment of employees and facilitating efficient workplace relations, but it was imperative to strike a balance between the rights of the employees and the operational needs of the employer. After making the necessary amendments to the agreement, the Commission approved it, finding that it was in the public interest.

The Fair Work Commission approved the Interspan (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to the modifications made to certain clauses. The approved agreement is now legally binding and will govern the relationship between the employer and the union 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