DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5391)

PB DEMOLITION & ASBESTOS REMOVAL 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, 5 SEPTEMBER 2016

Application for approval of the PB Demolition & Asbestos Removal 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 PB Demolition & Asbestos Removal 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 12 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, PB Demolition & Asbestos Removal Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval of an enterprise agreement under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, with the hearing presided over by Commissioner Ryan. The legal issues that the Commission needed to address revolved around whether the agreement satisfied the requirements of the Fair Work Act, specifically if it met the "better off overall test" (BOOT) and if it was free from any unfair content. The BOOT requires that employees are not worse off financially or in terms of conditions compared to their previous agreement or the applicable award.

The Commission examined the submissions from both parties and considered the evidence provided. It found that the proposed agreement did indeed meet the BOOT, as employees were not disadvantaged in terms of their financial conditions or entitlements. The Commission also concluded that the agreement did not contain any unfair content, as it complied with all relevant provisions of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, acknowledging the good faith bargaining process undertaken by the parties.

The Commission's decision was based on the thorough examination of the evidence and submissions presented by both parties. It found that the agreement was fair and reasonable, and met the statutory requirements under the Fair Work Act. The Commission highlighted the importance of the BOOT and the need for enterprise agreements to provide better outcomes for employees, whilst also considering the legitimate interests of employers.

In summary, the Fair Work Commission approved the proposed enterprise agreement between PB Demolition & Asbestos Removal Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The decision was based on the findings that the agreement met the better off overall test and did not contain any unfair content, as per the requirements of the Fair Work Act. The Commission acknowledged the parties' good faith bargaining process and the overall fairness of the agreement.

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