DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3376)

ASP ADMINISTRATION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 NOVEMBER 2020

Application for approval of the ASP Administration Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the ASP Administration Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 26 November 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the ASP Administration Pty Ltd / CFMEU Collective Agreement 2019-2022. The applicant, ASP Administration Pty Ltd, sought the approval of the agreement under section 234 of the Fair Work Act 2009. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), was a registered trade union with interests in the agreement.

The legal issues the court had to resolve were whether the agreement met the criteria for approval under section 234 of the Act. The criteria included whether the agreement provided for the determination of the terms and conditions of employment of the employees to which it applied, whether it provided for a process for resolving disputes between the employer and employees, and whether it was in the best interests of the employees. The court also had to consider whether the agreement contained any provisions that were inconsistent with the provisions of the Fair Work Act or the Fair Work Regulations.

After examining the agreement and the evidence presented, the court found that the agreement met the criteria for approval. The agreement provided for the determination of the terms and conditions of employment of the employees to which it applied, including provisions for wages, hours of work, and leave entitlements. The agreement also provided for a process for resolving disputes between the employer and employees, including the use of conciliation and arbitration. The court was satisfied that the agreement was in the best interests of the employees and did not contain any provisions that were inconsistent with the provisions of the Fair Work Act or the Fair Work Regulations. The court approved the agreement under section 234 of the Fair Work Act 2009.

The court ordered that the ASP Administration Pty Ltd / CFMEU Collective Agreement 2019-2022 be approved and registered with the Fair Work Commission. The agreement would be binding on the employer and the employees to whom it applied, and any disputes arising under the agreement would be resolved in accordance with its provisions.

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