DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1107)

INTERSPAN (NSW) PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 6 APRIL 2018

Application for approval of the Interspan (NSW) Pty Ltd/ CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Interspan (NSW) Pty Ltd/ CFMEU Collective Agreement 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 13 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Construction, Forestry, Maritime, Mining and Energy Union, an application was brought before the Fair Work Commission to approve the Interspan (NSW) Pty Ltd/CFMEU Collective Agreement 2018. The dispute arose from negotiations between the employer and the union, culminating in the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements and whether it should be approved.

The central legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was in the public interest and whether it appropriately balanced the interests of the employees and the employer. Another significant concern was whether the agreement contained any provisions that were contrary to public policy or were otherwise unlawful.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, determined that the agreement substantially complied with the statutory requirements. The Commission found that the agreement appropriately balanced the interests of the employees and the employer and did not contain any unlawful provisions. The Commission also concluded that the agreement was in the public interest, taking into account the need for industrial harmony and the economic benefits it would bring. Consequently, the Commission approved the agreement, subject to certain minor amendments to ensure full compliance with the law. The decision was made to foster a positive industrial relations environment and to support the parties in their ongoing relationship.

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