Aptum Pty Ltd Summary

[2021] FWCA 6090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aptum Pty Ltd
(AG2021/7539)

APTUM PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 OCTOBER 2021

Application for approval of the APTUM PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the APTUM PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aptum Pty Ltd. 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 8 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Aptum Pty Ltd, sought approval of a new enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors. The agreement, proposed for the period of 2020 to 2023, was subject to scrutiny under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, including fairness, the promotion of workplace relations, and compliance with statutory requirements. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement was fair and met the statutory requirements for approval under the Fair Work Act 2009. This included determining whether the agreement was appropriately negotiated and if it promoted workplace relations. Furthermore, the Commission needed to assess whether the agreement complied with the prescribed minimum terms and conditions set out in the Act. The applicant argued that the agreement was fairly negotiated and met all the necessary criteria, while the union contended that certain provisions did not align with the statutory requirements.

The Fair Work Commission found that the proposed agreement was fairly negotiated and did meet the criteria for approval. The Commission noted that the agreement promoted workplace relations by providing for a structured framework for employment terms and conditions. Additionally, the Commission found that the agreement complied with the prescribed minimum terms and conditions, despite some minor discrepancies. The Commission was satisfied that the overall fairness and compliance of the agreement outweighed any minor issues. Therefore, the Commission approved the agreement under the Fair Work Act 2009.

The Fair Work Commission approved the APTUM PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023. The Commission found that the agreement was fairly negotiated, promoted workplace relations, and complied with the prescribed minimum terms and conditions. The Commission's decision ensured that the agreement would be in effect for the specified period, providing a framework for the employment terms and conditions of the parties involved.

Aptum Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established