DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6298)

ALL ASPECTS ABSEILING COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JULY 2021

Application for approval of the All Aspects Abseiling Commercial Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the All Aspects Abseiling Commercial Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement with All Aspects Abseiling Commercial Pty Ltd (AAA). The application was heard in the Fair Work Commission (FWC). The CFMEU argued the agreement was appropriate for its members, while AAA contended it was overly prescriptive and would harm its business. The key legal issue was whether the agreement was in the best interests of the employees covered by it. The FWC considered whether the agreement met the requirements under the Fair Work Act 2009 and whether it provided appropriate protections and benefits for the employees. The FWC found the agreement to be fair and reasonable, meeting the necessary criteria under the Act. It was satisfied that the agreement provided adequate protections and benefits for the employees, and would not unduly harm the employer's business operations. The FWC approved the collective agreement. The CFMEU's application for approval of the agreement was successful.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established