Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8689)

ELITE BUILDING AND ENVIRONMENTAL SERVICES PTY LTD T/AS ELITE BUILDING AND ENVIRONMENTAL SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 DECEMBER 2021

Application for approval of the ELITE BUILDING AND ENVIRONMENTAL SERVICES PTY LTD T/As ELITE BUILDING AND ENVIRONMENTAL SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Asbestos Removal Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the ELITE BUILDING AND ENVIRONMENTAL SERVICES PTY LTD T/As ELITE BUILDING AND ENVIRONMENTAL SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Asbestos Removal Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The case before the court involved an application for approval of the ELITE BUILDING AND ENVIRONMENTAL SERVICES PTY LTD T/As ELITE BUILDING AND ENVIRONMENTAL SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Asbestos Removal Enterprise Agreement 2020-2023. The applicant, ELITE BUILDING AND ENVIRONMENTAL SERVICES PTY LTD, sought the court's approval of this enterprise agreement under the Fair Work Act 2009. The respondent, the CFMEU, did not oppose the application.

The central legal issue for the court to determine was whether the enterprise agreement met the requirements of the Fair Work Act 2009, including whether it was an appropriate tool for facilitating the work to be done under it and whether it was in the best interests of the employees covered by it. The court also needed to consider whether the agreement was made in accordance with the provisions of the Act, and whether it complied with the relevant minimum standards set out in the National Employment Standards and the Fair Work (Registered Organisations) Act 2009.

The court found that the enterprise agreement satisfied the requirements of the Fair Work Act 2009. It was an appropriate tool for facilitating the work to be done under it, and it was in the best interests of the employees covered by it. The agreement was made in accordance with the provisions of the Act and complied with the relevant minimum standards. The court also noted that the agreement provided for a fair and reasonable resolution of disputes, and that it contained provisions that were beneficial to the employees, such as provisions relating to wages, conditions of employment, and dispute resolution.

The court approved the enterprise agreement and made an order that the agreement be approved in accordance with section 231 of the Fair Work Act 2009. The agreement will now be registered and will apply to the employees of ELITE BUILDING AND ENVIRONMENTAL SERVICES PTY LTD who are covered by it.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established