Asclear Pty Ltd

[2013] FWCA 1601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asclear Pty Ltd
(AG2013/5315)

ASCLEAR PTY LTD CFMEU ONSHORE MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 14 MARCH 2013

Application for approval of the ASCLEAR Pty Ltd CFMEU Onshore Maintenance Services Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the ASCLEAR Pty Ltd CFMEU Onshore Maintenance Services Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asclear 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, 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 was approved on 13 March 2013 and, in accordance with s.54, will operate from 20 March 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Asclear Pty Ltd involved a dispute regarding the approval of an enterprise agreement. The applicant, Asclear Pty Ltd, sought approval of the ASCLEAR Pty Ltd CFMEU Onshore Maintenance Services Enterprise Agreement 2013-2015. The respondents, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Australian Manufacturing Workers Union (AMWU), contested the application. The matter was heard by the Fair Work Commission, an Australian federal statutory authority responsible for regulating the workplace relations system.

The central legal issues before the Commission were whether the enterprise agreement was genuinely negotiated and whether it met the criteria for approval as set out in the Fair Work Act 2009. The Commission needed to determine if the agreement was made in good faith and whether it contained terms that were fair and reasonable. Additionally, the Commission had to consider if the agreement met the requirements of the Fair Work (Registered Organisations) Act 2009, including whether it was made by a registered organisation and if it complied with the mandatory provisions set out in Schedule 1 of the Fair Work Act.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated and met the criteria for approval. The Commission noted that the agreement was made in good faith by the applicant and the relevant unions. It also found that the agreement contained terms that were fair and reasonable. The Commission was satisfied that the agreement complied with the mandatory provisions set out in Schedule 1 of the Fair Work Act and met the requirements of the Fair Work (Registered Organisations) Act 2009. The Commission concluded that the agreement was in the best interests of the employees and approved the ASCLEAR Pty Ltd CFMEU Onshore Maintenance Services Enterprise Agreement 2013-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established