Construction, Forestry and Maritime Employees Union

Case [2025] FWCA 1249
[2025] FWCA 1249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/951)

THE TRUSTEE FOR AWARE UNIT TRUST T/AS AUSTRALIA WIDE ASBESTOS REMOVAL ENCAPSULATION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2024 - 2027

Waste management industry

COMMISSIONER PLATT

ADELAIDE, 15 APRIL 2025

Application for approval of the Trustee for Aware Unit Trust T/AS Australia Wide Asbestos Removal Encapsulation Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Asbestos Removal Enterprise Agreement 2024-2027

  1. An application has been made for approval of an enterprise agreement known as the Trustee for Aware Unit Trust T/AS Australia Wide Asbestos Removal Encapsulation Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Asbestos Removal Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 14 April 2025.

  1. There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

  1. The Construction, Forestry and Maritime Employees 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) of the Act I note that the Agreement covers this organisation.

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

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Details
AGLC
Construction, Forestry and Maritime Employees Union [2025] FWCA 1249
Case
[2025] FWCA 1249
Decision Date

CaseChat Overview and Summary

In this matter, the trustee for the Aware Unit Trust T/AS Australia Wide Asbestos Removal Encapsulation Pty Ltd, together with the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), applied for approval of the Subcontractors Asbestos Removal Enterprise Agreement 2024-2027. The application was heard by the Fair Work Commission. The central issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and whether it met the minimum terms and conditions set out in the Act.

The Commission began by examining the procedural aspects of the agreement, considering whether the bargaining process had been conducted in good faith and whether the agreement was genuinely negotiated. It was established that the bargaining process had adhered to the procedural requirements, including the provision of necessary information to the parties involved. The Commission then assessed the substantive provisions of the agreement against the minimum standards outlined in the Fair Work Act, focusing on key areas such as wages, hours of work, and other conditions of employment. The agreement was found to provide terms and conditions that were not less favourable than the applicable minimum standards.

Having satisfied itself that the agreement was fairly negotiated and met the statutory requirements, the Commission approved the Subcontractors Asbestos Removal Enterprise Agreement 2024-2027. The decision was made in the interest of promoting harmonious, productive, and cooperative workplace relations. The final orders included the approval of the agreement and its registration with the Fair Work Commission, effective from the specified period.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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