DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5396)

APS INDUSTRIAL SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the APS Industrial Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the APS Industrial Services Pty Ltd and the CFMEU (Victorian Construction and General Division) 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of an enterprise agreement between APS Industrial Services Pty Ltd and the CFMEU (Victorian Construction and General Division). The dispute arose from the union's application to have the agreement registered under the Fair Work Act 2009. The employer, APS Industrial Services, did not oppose the application but raised several concerns regarding certain provisions of the agreement.

The central legal issues the Commission had to resolve involved whether the agreement met the requirements of the Fair Work Act, particularly in terms of its coverage, the process by which it was negotiated, and whether it contained mandatory terms that were fair and reasonable. The Commission needed to consider whether the agreement was genuinely negotiated and whether it included provisions that were beneficial to the employees while also ensuring that it did not unfairly disadvantage the employer.

The Fair Work Commission determined that the enterprise agreement was appropriately negotiated and contained terms that were fair and reasonable. The Commission was satisfied that the agreement was made in good faith and that the process followed complied with the legislative requirements. Furthermore, the mandatory terms of the agreement were found to be within the bounds of fairness and reasonableness, taking into account the nature of the industry and the interests of both parties. The Commission found no grounds to reject the application and thus approved the enterprise agreement.

Consequently, the Fair Work Commission approved the APS Industrial Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, effective from the date of the decision. The agreement was registered, and the parties were bound by its terms for the specified period.

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