Australian Decommissioning Services Pty Ltd T/A AusDecom Summary

[2013] FWCA 5977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Decommissioning Services Pty Ltd T/A AusDecom
(AG2013/8454)

AUSTRALIAN DECOMMISSIONING SERVICES PTY LTD AND THE CFMEU DEMOLITION ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 23 AUGUST 2013

Application for approval of the Australian Decommissioning Services Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Decommissioning Services Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Decommissioning Services Pty Ltd T/A AusDecom. 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 is approved and, in accordance with s.54, will operate from 30 August 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 involves an application for the approval of the Australian Decommissioning Services Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015. The application was made by Australian Decommissioning Services Pty Ltd, trading as AusDecom, to the Fair Work Commission. The Australian Council of Trade Unions (ACTU) and the Construction, Forestry, Mining and Energy Union (CFMEU) opposed the application. The central dispute concerns the validity and fairness of the enterprise agreement proposed by AusDecom for its employees represented by the CFMEU.

The primary legal issues the court had to address were whether the proposed agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009. Procedurally, the court had to determine if the agreement was genuinely negotiated and if the necessary procedures were followed. Substantively, the court needed to assess whether the agreement included terms that were fair and reasonable in all respects, particularly in terms of wages and other conditions of employment. The opposition raised concerns about the fairness of certain provisions, including those relating to the classification and wages of employees.

The court examined the evidence and submissions from both parties, focusing on the negotiation process and the content of the agreement. The Fair Work Commission found that the agreement had been genuinely negotiated and that the necessary procedural steps had been followed. Regarding the substantive fairness, the court considered the arguments about the classification and wages, ultimately concluding that the agreement did not contain any unfair terms. The court determined that the proposed agreement was fair and reasonable, taking into account the specific circumstances of the industry and the parties' bargaining positions. The court approved the enterprise agreement, dismissing the objections raised by the opposition.

The final orders of the court were to approve the Australian Decommissioning Services Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015, effective from the date of the decision. The opposition's application to set aside the approval was also dismissed.

Australian Decommissioning Services Pty Ltd T/A AusDecom

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established