DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asbestos Removalist (Aust) Pty Ltd
(AG2018/2440)

ASBESTOS REMOVALIST (AUST) PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 27 SEPTEMBER 2018

Application for approval of the Asbestos Removalist (Aust) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Asbestos Removalist (Aust) Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asbestos Removalist (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2018. The nominal expiry date of the Agreement is 26 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were Asbestos Removalist (Aust) Pty Ltd and its employees represented by the Australian Workers' Union. The dispute centred around the application for the approval of the Asbestos Removalist (Aust) Pty Ltd Enterprise Agreement 2018. The case was heard in the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes and promoting fair work practices. The legal issues that the Commission was required to address included whether the agreement was fairly negotiated, met the procedural requirements for approval, and did not harm the interests of any employee or employer.

The Fair Work Commission examined the fairness of the agreement by assessing whether it was negotiated in good faith and whether it provided for fair and reasonable terms and conditions. The Commission also considered if the agreement complied with the procedural requirements set out in the Fair Work Act 2009, such as providing notice to relevant parties and allowing time for objections. The Commission further evaluated if the agreement contained any provisions that would cause detriment to the interests of employees or employers. In reaching its decision, the Commission took into account various factors, including industry standards, the nature of the work, and the bargaining power of the parties involved.

After reviewing the evidence presented and considering the relevant legal principles, the Fair Work Commission determined that the Asbestos Removalist (Aust) Pty Ltd Enterprise Agreement 2018 was fairly negotiated and met the procedural requirements for approval. The Commission found that the agreement did not cause any detriment to the interests of employees or employers and was in line with industry standards. Consequently, the Commission approved the agreement, allowing it to come into effect and binding the parties to its terms and conditions. The decision ensures that the employees of Asbestos Removalist (Aust) Pty Ltd have fair and reasonable terms of employment, while also maintaining a productive and harmonious working relationship between the employer and employees.

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