DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5722)

INTERSPAN NSW PTY LTD AND CFMEU ACT POST-TENSIONING SECTOR AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Interspan NSW Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016.

[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 2016 (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, 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, 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 27 September 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union (CFMEUA), an application was made by the CFMEU for the approval of the Interspan NSW Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016. The dispute arose in the context of industrial relations, specifically concerning the terms and conditions of employment for workers in the post-tensioning sector employed by Interspan NSW Pty Ltd. The Fair Work Commission (FWC) was the tribunal tasked with considering the application.

The primary legal issues that the FWC needed to address were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it provided for fair and equitable terms and conditions of employment. The FWC also had to ensure that the agreement met the criteria for a single-enterprise agreement and that it was free from any prohibited content. Furthermore, the Commission had to consider whether the agreement was likely to result in improved productivity and better working conditions for the employees.

The FWC carefully examined the provisions of the agreement and found that it adhered to the statutory requirements set out in the Fair Work Act. The Commission confirmed that the agreement was a single-enterprise agreement, as it covered employees working for Interspan NSW Pty Ltd. The FWC also concluded that the agreement contained fair and equitable terms and conditions of employment, including provisions for wages, leave, and other benefits. Importantly, the FWC determined that the agreement was free from any prohibited content, and it was likely to result in improved productivity and better working conditions for the employees. Based on these findings, the FWC approved the Interspan NSW Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016.

The FWC's decision was based on a thorough analysis of the agreement and its compliance with the Fair Work Act. The Commission's approval of the agreement signifies its satisfaction with the terms negotiated between Interspan NSW Pty Ltd and the CFMEU, and its potential to benefit the employees involved. The final orders of the FWC were to approve the agreement, thereby enabling it to take effect and govern the employment conditions of the relevant workers.

Construction, Forestry, 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