DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4756)

ZEALMORE (AUST) PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 DECEMBER 2019

Application for approval of the ZEALMORE (AUST) 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 ZEALMORE (AUST) 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 27 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 (CFMEU) and Zealmore (Aust) Pty Ltd applied for the approval of the Asbestos Removal Enterprise Agreement 2019-2020. The dispute involved the terms of the agreement, specifically whether they met the requirements of the Fair Work Act 2009. The CFMEU and Zealmore sought to have the agreement registered, arguing that it was a bona fide enterprise agreement and met all necessary criteria.

The legal issues before the Commission included whether the agreement was made in good faith and whether it provided for the terms and conditions of employment of the relevant employees. The Commission had to consider if the agreement was appropriately negotiated and if it contained all the mandated minimum terms and conditions. Additionally, the Commission examined whether the agreement complied with procedural requirements, including proper notification and the availability of a copy of the agreement to employees.

The Commission found that the agreement was appropriately negotiated in good faith and contained all the mandated minimum terms and conditions. It was concluded that the agreement complied with the statutory procedural requirements, including proper notification and the provision of a copy to employees. The Commission also determined that the agreement met the criteria for approval under the Fair Work Act. As a result, the Commission approved the Asbestos Removal Enterprise Agreement 2019-2020.

The Fair Work Commission approved the Asbestos Removal Enterprise Agreement 2019-2020, finding it met all the necessary criteria under the Fair Work Act. This decision provides clarity for both the CFMEU and Zealmore regarding the terms and conditions of employment for 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