DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3908)

SPAN SYSTEMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 OCTOBER 2019

Application for approval of the SPAN SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[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) Enterprise Agreement 2016 -2018 (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 1 November 2019. The nominal expiry date of the Agreement is 30 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and SPAN SYSTEMS PTY LTD for the approval of their Enterprise Agreement for the period 2016 to 2018. The application was heard in the Fair Work Commission (FWC), an Australian workplace relations tribunal. The matter before the FWC was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the FWC had to decide included whether the agreement provided for the proper protection of employee entitlements, whether the agreement was made in good faith, and whether it was free of any coercive conduct. Additionally, the FWC had to determine if the agreement included appropriate mechanisms for dispute resolution and if it met the "better off overall test" (BOOT) – ensuring that employees were not worse off financially under the agreement compared to their previous conditions.

In its reasoning, the FWC examined the terms of the agreement in detail. It found that the agreement appropriately protected employee entitlements, was made in good faith, and did not involve any coercive conduct. The FWC also determined that the dispute resolution mechanisms were adequate and that the agreement satisfied the BOOT requirement. Consequently, the FWC approved the Enterprise Agreement, recognising it as a fair and reasonable outcome for both the employees and the employer.

The FWC's final order was the approval of the Enterprise Agreement between SPAN SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The decision underscores the importance of ensuring that enterprise agreements comply with the statutory requirements under the Fair Work Act and meet the interests of both employees and employers.

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