DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2106)

ADENA UNIT TRUST T/AS CHAPMAN GARDNER PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2018

Application for variation of the Adena Unit Trust T/As Chapman Gardner 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 a variation to the Adena Unit Trust T/As Chapman Gardner Pty Ltd and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016 - 2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 5 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought a variation of the Adena Unit Trust T/As Chapman Gardner Pty Ltd and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016-2018. The application was heard by the Fair Work Commission (FWC). The CFMEU argued that the enterprise agreement should be varied to include a provision that would require the employer to provide personal protective equipment (PPE) to employees involved in asbestos removal work. The employer, Adena Unit Trust, opposed the application, arguing that the agreement did not need to be varied as the employer was already providing PPE to employees.
The FWC considered whether the application met the criteria for a variation of an enterprise agreement under section 234 of the Fair Work Act 2009. The FWC noted that the application was made in good faith and that the parties had attempted to resolve the dispute through bargaining. The FWC also considered whether the proposed variation was in the interests of the employees covered by the agreement. The FWC found that the proposed variation would improve the safety of employees involved in asbestos removal work and was therefore in their interests.
The FWC varied the enterprise agreement to include a provision that required the employer to provide PPE to employees involved in asbestos removal work. The employer was given 28 days to implement the variation. The CFMEU's application was successful, and the enterprise agreement was varied as requested.

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