DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A.D.S. Asbestos Removal Pty Ltd T/A ADS Asbestos Removal
(AG2017/3159)

ADS ASBESTOS REMOVAL PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the ADS Asbestos Removal Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ADS Asbestos Removal Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A.D.S. Asbestos Removal Pty Ltd T/A ADS Asbestos Removal. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 Agreement was approved on 2 November 2017 and, in accordance with s.54, will operate from 9 November 2017. The nominal expiry date of the Agreement is 2 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved A.D.S. Asbestos Removal Pty Ltd, trading as ADS Asbestos Removal, which sought approval for the ADS Asbestos Removal Pty Ltd Enterprise Agreement 2017. The company applied for the approval of the agreement under the Fair Work Act 2009, as it was a proposed enterprise agreement. The dispute centred on whether the agreement met the necessary requirements under the Act for it to be approved by the Commission.

The primary legal issue before the Commission was whether the agreement contained the necessary "direct" and "indirect" terms that were required to be included in an enterprise agreement under section 227 of the Fair Work Act 2009. Additionally, the Commission needed to determine if the agreement had been made in accordance with the procedural requirements of the Act, particularly whether there had been proper consultation and if the agreement had been appropriately certified by an independent certifier.

The Fair Work Commission examined the agreement in detail and found that it included all the direct terms required by section 227 of the Fair Work Act 2009. The Commission also concluded that the indirect terms were appropriate and did not contravene any of the provisions of the Act. Furthermore, the Commission was satisfied that the procedural requirements had been met, including proper consultation and independent certification. As a result, the Commission approved the ADS Asbestos Removal Pty Ltd Enterprise Agreement 2017.

The final orders of the Fair Work Commission were that the ADS Asbestos Removal Pty Ltd Enterprise Agreement 2017 be approved, effective from the date of the decision. The Commission noted that the agreement would remain in force until it was replaced by a new enterprise agreement or expired in accordance with the provisions of the Fair Work Act 2009.

A.D.S. Asbestos Removal Pty Ltd T/A ADS Asbestos Removal

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established