DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5527)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the PROAS 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 PROAS 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, 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, 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 19 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for the approval of the PROAS Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016 - 2018. The applicant was the Fair Work Commission, which sought approval of the enterprise agreement under the Fair Work Act 2009. The principal issue before the court was whether the agreement met the criteria for being a "single enterprise agreement" under the Act, specifically if it covered employees who were part of a single enterprise as defined by the legislation. Additionally, the court had to consider whether the agreement complied with the good faith bargaining requirement and other relevant provisions of the Fair Work Act.

The court considered the definitions and criteria for a single enterprise under the Fair Work Act and examined the nature of the asbestos removal industry, which involves multiple businesses and contractors. It was necessary to determine if the agreement genuinely covered employees working for multiple entities involved in the industry and if the agreement was made in good faith. The court also assessed if the agreement contained terms that met the requirements for enterprise agreements under the Act.

The Fair Work Commission argued that the agreement covered employees who were part of a single enterprise, despite the industry's fragmented nature. The court found that the agreement was indeed a single enterprise agreement as it covered employees working for multiple entities involved in asbestos removal. The court further determined that the agreement had been made in good faith and contained terms that met the requirements of the Fair Work Act. Consequently, the court approved the agreement.

The Fair Work Commission's application for approval of the PROAS Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016 - 2018 was approved. The court found that the agreement was a single enterprise agreement, made in good faith, and met the requirements of the Fair Work Act.

Construction, Forestry, 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