DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APS Industrial Services Pty Ltd T/A APS Industrial Services
(AG2018/6331)

APS INDUSTRIAL SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 NOVEMBER 2018

Application for approval of the APS INDUSTRIAL SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the APS INDUSTRIAL SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 -2018 (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 T/A APS Industrial Services. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 30 November 2018. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were APS Industrial Services Pty Ltd, trading as APS Industrial Services, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018 under the Fair Work Act 2009. The case was heard by the Fair Work Commission (FWC) in Australia.

The legal issues before the FWC revolved around whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the FWC had to consider if the agreement provided fair and reasonable terms and conditions, and if it had been fairly and properly negotiated. The FWC also needed to ensure that the agreement did not negatively impact the health and safety of employees.

In reaching its decision, the FWC thoroughly examined the provisions of the proposed agreement, taking into account the submissions from both parties. The FWC acknowledged the union's argument that the proposed agreement provided for fair and reasonable terms and conditions for employees. The FWC also considered the employer's assertion that the agreement was necessary to maintain competitiveness and efficiency in the industry. The FWC ultimately concluded that the agreement provided fair and reasonable terms and conditions for employees and was fairly and properly negotiated. The FWC found that the agreement did not negatively impact the health and safety of employees, and therefore approved the agreement.

The FWC ordered that the Rigger/Steel Erector Enterprise Agreement 2016-2018 be approved and registered as a certified agreement under the Fair Work Act. The agreement came into effect on 1 March 2016 and remained in force until 28 February 2018, at which point it was to be replaced by a new agreement or expire.

APS Industrial Services Pty Ltd T/A APS Industrial Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established