DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2467)

ASCLEAR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JULY 2019

Application for approval of the ASCLEAR PTY LTD and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the ASCLEAR PTY LTD and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016 -2018 (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, 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 2 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the ASCLEAR PTY LTD and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016-2018. The agreement was made in accordance with section 232 of the Fair Work Act 2009. The legal issues before the court involved determining whether the agreement met the requirements of the Act, particularly whether it was a "good faith" agreement and whether it complied with the "better off overall test" (BOOT).

The court examined the process by which the agreement was negotiated, the content of the agreement, and its implications for the employees. The court was particularly focused on whether the agreement had been negotiated in good faith, whether it provided a better outcome for the employees than the applicable award or registered agreement, and whether it complied with the statutory obligations under the Act. The court considered submissions from both the applicant and the respondent, as well as any relevant evidence provided. After thorough deliberation, the court found that the agreement was negotiated in good faith and met the requirements of the Act. The court approved the agreement, finding that it provided a better outcome for the employees than the applicable award or registered agreement.

The court's decision was based on a detailed analysis of the agreement and the evidence presented. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the statutory requirements under the Act. The court also found that the agreement met the BOOT, providing employees with a better overall outcome than the applicable award or registered agreement. The court approved the agreement, finding that it was a fair and reasonable agreement that met the requirements of the Act. The court's decision provides guidance for future enterprise agreements in the asbestos removal industry, ensuring that they are negotiated in good faith and provide fair outcomes for employees.

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