Aps Industrial Services Pty Ltd

[2024] FWCA 4115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aps Industrial Services Pty Ltd

(AG2024/4426)

APS INDUSTRIAL SERVICES PTY LTD AND CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2024 - 2027

Building services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 NOVEMBER 2024

Application for approval of the Aps Industrial Services Pty Ltd and Cfmeu (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Aps Industrial Services Pty Ltd and Cfmeu (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aps Industrial Services Pty Ltd. The Agreement is a single enterprise agreement.

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 Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aps Industrial Services Pty Ltd recently applied for the approval of the Aps Industrial Services Pty Ltd and Cfmeu (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027. The matter was heard by the Fair Work Commission, presided over by Commissioner D. The applicant, Aps Industrial Services, sought to have the proposed enterprise agreement approved under the Fair Work Act 2009. The agreement was negotiated between Aps Industrial Services and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees.

The legal issues before the Commission were primarily concerned with whether the proposed enterprise agreement met the statutory requirements for approval. Specifically, the Commission needed to determine if the agreement was fair and reasonable, if it contained the necessary provisions for the protection of employees, and if it complied with the provisions of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement was genuinely negotiated between the parties and if it was consistent with the national system of industrial relations.

In rendering its decision, the Commission carefully reviewed the contents of the proposed enterprise agreement and the evidence provided by both parties. The Commission found that the agreement contained all the necessary provisions for the protection of employees and was consistent with the national system of industrial relations. The Commission also found that the agreement was genuinely negotiated between the parties and was fair and reasonable. The evidence presented by both parties demonstrated that the agreement was the result of good faith bargaining and that it met the statutory requirements for approval.

Consequently, the Commission approved the Aps Industrial Services Pty Ltd and Cfmeu (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027. The agreement now binds all employees covered by the agreement and will be in effect for the period of three years, from 1 July 2024 to 30 June 2027. The approval of this enterprise agreement ensures that the employees of Aps Industrial Services will benefit from a fair and reasonable agreement that protects their rights and interests in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established