DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4921)

ELITE BUILDING AND ENVIRONMENTAL SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 JANUARY 2020

Application for approval of the Elite Building and Environmental Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the Elite Building and Environmental Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2019-2020 (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 10 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Elite Building and Environmental Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2019-2020. The applicant, CFMEU, sought approval of the agreement under the Fair Work Act 2009. The application was contested by Elite Building and Environmental Services Pty Ltd, which raised objections to certain provisions of the agreement.

The legal issues before the Commission included whether the agreement met the requirements for approval under section 233 of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was consistent with the Act's objectives of facilitating high levels of union membership and providing for the effective management of workplace relations. The Commission also needed to consider whether the agreement contained any provisions that were contrary to public policy or that would have an adverse effect on the safety and health of employees.

In determining the application, the Commission considered the arguments of both parties and the provisions of the agreement. The Commission found that the agreement contained provisions that were contrary to public policy, specifically provisions that would have allowed for the removal of asbestos without appropriate safety measures, which would have put employees at risk of exposure to asbestos. The Commission also found that the agreement contained provisions that were not fair and reasonable, including provisions that allowed for the use of non-union labour in certain circumstances. As a result, the application for approval was dismissed. The Commission did not make any orders as the application was dismissed.

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