CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3233)

SPAN SYSTEMS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 JUNE 2016

Application for approval of the SPAN SYSTEMS PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

The decision issued by the Fair Work Commission on 30 May 2016 [2016] FWCA 3462 is corrected as follows:

1. By deleting paragraph [4] and replacing it with the following:

“The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2016. The nominal expiry date of the Agreement is 31 May 2016.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between Span Systems Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) involves an application for approval of the SPAN SYSTEMS PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015. This agreement was submitted to the Fair Work Commission for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the necessary criteria for approval, including whether it contained the minimum entitlements required by the Act and whether it was free from any illegality or defect.

The central legal issue before the Commission was whether the agreement complied with the requirements set forth in the Fair Work Act 2009, particularly in terms of its content and the process by which it was made. The Commission had to assess if the agreement contained the minimum entitlements prescribed by the Act, and whether it had been made without any coercion or in an appropriate manner. Additionally, the Commission examined if the agreement was consistent with the broader objectives of the Fair Work Act, including promoting harmonious, productive and cooperative workplace relations.

In its decision, the Commission found that the agreement was compliant with the statutory requirements. The Commission noted that the agreement contained all the necessary minimum entitlements and that it was made without any coercion. The Commission also determined that the agreement was consistent with the objectives of the Fair Work Act, including fostering cooperative workplace relations. Consequently, the Commission approved the agreement and directed that it would operate from 6 June 2016. The nominal expiry date of the agreement was set as 31 May 2021.

SPAN SYSTEMS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established