DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Asbestos Removalist (Aust) Family Trust T/A Asbestos Removalist (Aust) Pty Ltd
(AG2019/4439)

ASBESTOS REMOVALIST (AUST) PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 4 FEBRUARY 2020

Application for variation of the Asbestos Removalist (Aust) Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Asbestos Removalist (Aust) Enterprise Agreement 2018 (the Agreement). The application was made by Asbestos Removalist (Aust) Family Trust T/A Asbestos Removalist (Aust) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 27 September 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 4 February 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Asbestos Removalist (Aust) Family Trust, trading as Asbestos Removalist (Aust) Pty Ltd, and the applicant, a party seeking variation of the Asbestos Removalist (Aust) Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, which has jurisdiction over employment matters and enterprise agreements under the Fair Work Act 2009. The applicant sought changes to the existing enterprise agreement, arguing that it needed to be updated to reflect changes in the industry and to better protect workers' rights and conditions.

The central legal issues before the court were whether the proposed changes to the enterprise agreement were consistent with the relevant provisions of the Fair Work Act and whether the applicant had demonstrated that the changes were necessary to address genuine issues in the workplace. Specifically, the court needed to determine whether the changes were in the interests of the employees and whether they complied with the statutory requirements for variations to enterprise agreements.

In its decision, the Fair Work Commission carefully considered the evidence and submissions from both parties. It found that the proposed changes were necessary to address significant changes in the industry, such as technological advancements and shifts in work practices. The court also concluded that the changes were in the best interests of the employees, as they would provide greater protections and benefits. Furthermore, the commission determined that the applicant had adequately demonstrated that the changes were necessary and that they complied with the statutory requirements for variations to enterprise agreements. Accordingly, the court approved the application for variation of the enterprise agreement.

The final orders of the commission included the approval of the proposed changes to the Asbestos Removalist (Aust) Enterprise Agreement 2018, which were to be implemented on the terms and conditions specified in the applicant's submission. The court also directed that the new agreement would be registered with the Fair Work Ombudsman and that all relevant parties be notified of the changes.

Asbestos Removalist (Aust) Family Trust T/A Asbestos Removalist (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established