DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5239)

ASKEW, PAUL T/AS H2O PRESSURE CLEANING SERVICES AND SUPPLIES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2016

Application for approval of the Askew, Paul T/As H2O Pressure Cleaning Services and Supplies 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 Askew, Paul T/As H2O Pressure Cleaning Services and Supplies 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 6 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, Askew, Paul T/As H2O Pressure Cleaning Services and Supplies and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), applied for approval of their Enterprise Agreement 2016-2018. The Fair Work Commission (FWC) was the court tasked with deciding whether the agreement met the legal criteria for approval. The applicants argued that the agreement was fair and appropriate, meeting all necessary conditions under the Fair Work Act 2009.

The primary legal issues centred on whether the agreement was procedurally and substantively compliant with the requirements of the Act. The FWC examined whether the agreement was genuinely bargained, free from coercion or undue influence, and whether it met the Fair Work (Registered Organisations) Act 2009's provisions. The FWC also assessed if the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, and other employment conditions.

The FWC found that the agreement was procedurally sound, with evidence of genuine negotiation and consensus between the parties. It determined that the agreement was not only free from coercion and undue influence but also contained provisions that were fair and reasonable. The FWC noted the applicants' commitment to fair and equitable terms, and the union's representation of its members' interests. Consequently, the FWC approved the Enterprise Agreement 2016-2018, affirming its compliance with the legal requirements.

The FWC issued an approval order, stating that the agreement was approved and would be registered with the Fair Work Commission. This decision ensures that the terms and conditions outlined in the agreement are legally binding on the parties, providing a framework for their employment relationship over 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