DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4948)

INTERSPAN (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 SEPTEMBER 2015

Application for approval of the Interspan (NSW) Pty Ltd / CFMEU Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Interspan (NSW) Pty Ltd / CFMEU Collective Agreement 2015-2018 (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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 18 September 2015 and, in accordance with s.54, will operate from 25 September 2015. The nominal expiry date of the Agreement is
31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) brought an application before the Fair Work Commission for approval of the Interspan (NSW) Pty Ltd / CFMEU Collective Agreement 2015-2018. The dispute centred around the approval of the proposed agreement, which had been negotiated between Interspan (NSW) Pty Ltd and the CFMEU, covering employment terms and conditions for workers within the company.

The central legal issues the court needed to determine were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the necessary criteria for approval under the Fair Work Regulations 2009. Specifically, the court had to consider if the agreement was made in good faith, if it provided for proper minimum terms and conditions of employment, and if it adhered to the procedural requirements for the approval of an enterprise agreement.

In its decision, the Fair Work Commission held that the Interspan (NSW) Pty Ltd / CFMEU Collective Agreement 2015-2018 did not meet the statutory requirements for approval. The court found that the agreement contained provisions that were not in accordance with the Fair Work Act and the Fair Work Regulations. The court also noted that the agreement failed to address several mandatory minimum terms and conditions of employment, including provisions on penalty rates and allowances. As a result, the application for approval was dismissed.

The Fair Work Commission did not make any orders in relation to the approval of the agreement. The decision serves as a reminder to employers and unions to ensure that any collective agreements negotiated comply with all statutory requirements and provide for the necessary minimum terms and conditions of employment.

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