DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APS Industrial Services Pty Ltd T/A APS Industrial Services
(AG2018/6501)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2018

Application for approval of the APS INDUSTRIAL SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) 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) 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, 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) 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 7 December 2018. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, APS Industrial Services Pty Ltd, trading as APS Industrial Services, applied for the approval of the APS Industrial Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) (CFMEUVCGD) acted as the bargaining agent for the employees.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether the provisions of the agreement were consistent with the Fair Work (Registered Organisations) Act 2009. The Commission had to determine if the agreement complied with the minimum standards set by the Fair Work Act and whether it contained any unfair provisions that would render it ineligible for approval.

The Commission found that the agreement met the criteria for approval. It contained provisions that complied with the minimum standards and did not include any unfair terms. The agreement provided for a fair and equitable resolution of employment matters, ensuring that it met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission concluded that the agreement was fair and reasonable and should be approved.

The Commission approved the APS Industrial Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was deemed to be in effect from the date of the decision and would remain in force until the end of the specified period. The parties were directed to take all necessary steps to give effect to the approved agreement.

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