DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4835)

THE TRUSTEE FOR AWARE UNIT TRUST T/AS AUSTRALIA WIDE ASBESTOS REMOVAL ENCAPSULATION PL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 DECEMBER 2019

Application for approval of THE TRUSTEE FOR AWARE UNIT TRUST T/As AUSTRALIA WIDE ASBESTOS REMOVAL ENCAPSULATION PL 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 TRUSTEE FOR AWARE UNIT TRUST T/As AUSTRALIA WIDE ASBESTOS REMOVAL ENCAPSULATION PL 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 31 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2019-2020, the applicant, THE TRUSTEE FOR AWARE UNIT TRUST trading as AUSTRALIA WIDE ASBESTOS REMOVAL ENCAPSULATION PL, sought the approval of the Fair Work Commission. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), did not oppose the application. The nature of the dispute pertained to the approval of an enterprise agreement between the applicant and the union, specifically addressing the terms and conditions of employment for asbestos removal workers.

The legal issues before the court involved assessing whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This required consideration of whether the agreement provided for the fair and efficient resolution of workplace issues, and whether it included minimum terms and conditions as specified in the Act. Additionally, the court had to determine if the agreement was genuinely negotiated and not the result of duress, coercion, or other unfair practices.

The Fair Work Commission found that the agreement met the necessary criteria for approval. It was noted that the agreement was the result of genuine negotiations between the parties, and it provided for the fair and efficient resolution of workplace issues. The agreement also included all the minimum terms and conditions required by the Act, ensuring it was fair and comprehensive. Consequently, the court approved the enterprise agreement, recognising it as a fair and appropriate means of regulating the employment relationship between the parties.

As a result of the court’s decision, the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2019-2020 was approved and will now govern the employment terms and conditions of asbestos removal workers in the specified enterprise.

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