DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5177)

ASP ACCESS FLOORS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 OCTOBER 2018

Application for approval of the ASP Access Floors Pty Ltd and CFMEU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ASP Access Floors Pty Ltd and CFMEU Enterprise Agreement 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 10.1 – annual leave

However, noting clause 6(f) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2018. The nominal expiry date of the Agreement is 1 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and ASP Access Floors Pty Ltd. The agreement, titled the ASP Access Floors Pty Ltd and CFMEU Enterprise Agreement 2018, was put forward by the union on behalf of its members who were employed by the company. The central issue was whether the agreement met the legal criteria for approval under the Fair Work Act 2009, particularly whether it provided for fair and reasonable terms and conditions.

The court had to consider several legal issues, including whether the agreement provided for minimum rates of pay and conditions that met the safety net, whether it allowed for genuine bargaining, and whether it was free from prohibited content. Additionally, the court examined whether the agreement was consistent with the provisions of the Fair Work Act and if it complied with the procedural requirements for making and approving enterprise agreements.

In delivering its decision, the Fair Work Commission found that the agreement satisfied all the necessary criteria. The court noted that the agreement provided for terms and conditions that were no less favourable than the applicable awards and that it allowed for genuine and meaningful bargaining between the parties. Furthermore, the agreement did not contain any content that was prohibited by the Fair Work Act. The court concluded that the agreement was fair and reasonable and approved it under the Act. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are governed by this enterprise agreement, providing a stable and predictable framework for industrial relations between the parties.

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