DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4817)

PROAS 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, 24 DECEMBER 2019

Application for approval of the PROAS 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 PROAS 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 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, 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 31 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, as the representative for employees, and PROAS PTY LTD, as an employer, were engaged in a dispute regarding the approval of the PROAS PTY LTD and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2019-2020. The application was made by the Union, seeking the Commission's approval of the agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers in the asbestos removal industry, including wages, hours of work, leave entitlements, and other employment-related matters.

The primary legal issue before the Commission was whether the terms and conditions set out in the proposed enterprise agreement were appropriate and fair, taking into account the relevant factors outlined in the Fair Work Act 2009. The Commission had to determine whether the agreement provided for appropriate protections for employees, including minimum rates of pay, leave entitlements, and other benefits, while also ensuring that it did not undermine the principles of the modern industrial relations system, such as the protection of vulnerable workers and the promotion of productive and harmonious workplace relations.

The Commission considered the evidence presented by both parties and examined the terms and conditions of the proposed agreement. After careful analysis, the Commission concluded that the agreement provided for appropriate protections for employees and was in line with the objectives of the Fair Work Act 2009. The Commission found that the agreement included provisions for minimum rates of pay, leave entitlements, and other benefits that were fair and reasonable. Furthermore, the Commission determined that the agreement did not undermine the principles of the modern industrial relations system and was consistent with the overall objectives of the Act. As a result, the Commission approved the PROAS PTY LTD and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2019-2020.

In summary, the Fair Work Commission approved the proposed enterprise agreement between PROAS PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union, finding that it provided for appropriate protections for employees and was consistent with the objectives of the Fair Work Act 2009. The Commission's decision ensures that workers in the asbestos removal industry will benefit from fair and reasonable terms and conditions of employment, while also promoting productive and harmonious workplace relations.

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