Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 5690

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/4657)

AAH CONTRACTING PTY LTD and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 11 SEPTEMBER 2018

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

An application has been made for approval of an enterprise agreement known as the AAH CONTRACTING 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants in this case are AAH Contracting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute involves the approval of the Asbestos Removal Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission.

The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement was in the public interest and if it provided for fair and reasonable terms and conditions. The Commission also needed to determine if the agreement allowed for the protection of employees' rights and interests and if it complied with the requirements of the Fair Work Act.

The Fair Work Commission found that the agreement was in the public interest and provided for fair and reasonable terms and conditions. The Commission noted that the agreement contained provisions for the protection of employees' rights and interests, including provisions for minimum wages, entitlements, and dispute resolution mechanisms. The Commission also found that the agreement complied with the requirements of the Fair Work Act and was therefore eligible for approval. The Commission approved the agreement, subject to certain modifications to ensure that it complied with the relevant legislative provisions.

The Fair Work Commission approved the Asbestos Removal Enterprise Agreement 2016-2018, subject to certain modifications. The Commission found that the agreement met the criteria for approval under the Fair Work Act and was in the public interest. The Commission also found that the agreement provided for fair and reasonable terms and conditions and contained provisions for the protection of employees' rights and interests. The modifications required by the Commission were aimed at ensuring that the agreement complied with the relevant legislative provisions.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established