DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spectran Contracting Pty Ltd
(AG2018/5419)

SPECTRAN CONTRACTING PTY LTD CONSTRUCTION EMPLOYEES AND CFMMEU ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 MAY 2019

Application for approval of the Spectran Contracting Pty Ltd Construction Employees and CFMMEU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Spectran Contracting Pty Ltd Construction Employees and CFMMEU Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spectran Contracting Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 May 2019 and, in accordance with s.54, will operate from 9 May 2019. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Spectran Contracting Pty Ltd applied to the Fair Work Commission for approval of the Spectran Contracting Pty Ltd Construction Employees and CFMMEU Enterprise Agreement 2017-2021. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) opposed the application. The dispute centred on the compliance of the enterprise agreement with the requirements of the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement met the statutory prerequisites for approval, specifically focusing on the requirements under section 230 of the Fair Work Act 2009. The court needed to determine if the agreement was free from any unlawful content and if it had been genuinely bargained between the employer and the employees' representatives. Additionally, the court considered if the agreement covered the appropriate bargaining unit and if it complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission examined the arguments presented by both parties. It found that the enterprise agreement was free from any unlawful content, as it did not include any provisions that contravened the Fair Work Act 2009 or any other relevant legislation. The Commission determined that the agreement had been genuinely negotiated between the employer and the employees' representatives and covered the appropriate bargaining unit. Furthermore, the Commission was satisfied that the agreement complied with the relevant provisions of the Fair Work Act 2009. Consequently, the Fair Work Commission approved the Spectran Contracting Pty Ltd Construction Employees and CFMMEU Enterprise Agreement 2017-2021.

Spectran Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established