DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5037)

ACCESS PERSONNEL INTERNATIONAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SPECIALISED ROPE ACCESS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 17 AUGUST 2016

Application for approval of the Access Personnel International Pty Ltd and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as Access Personnel International Pty Ltd and the CFMEU (Victorian Construction and General Division) Specialised Rope Access 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 17 August 2016 and, in accordance with s.54, will operate from 24 August 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 applicant, Access Personnel International Pty Ltd, sought approval for the Specialised Rope Access Enterprise Agreement 2016-2018 with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission. The core dispute involved the procedural fairness and the merits of the agreement, which outlined terms and conditions for employees in the specialised rope access industry.

The primary legal issues addressed by the Commission were whether the agreement was fairly negotiated and whether it complied with the Fair Work Act 2009. The applicant argued that the agreement was the result of genuine negotiations and was fair and reasonable in all its terms. The union also supported the application, asserting that the agreement was fairly negotiated and met all the necessary criteria. The Commission had to determine if the agreement met the statutory requirements for approval and if the process of negotiation was fair and in good faith.

The Fair Work Commission determined that the agreement was fairly negotiated and met the statutory criteria for approval. The Commission found that both parties had engaged in genuine negotiations and that the terms of the agreement were fair and reasonable. The Commission noted that the agreement addressed key employment issues and provided for a fair and efficient workplace. As such, the Commission approved the application for the agreement.

The Commission's final order was the approval of the Specialised Rope Access Enterprise Agreement 2016-2018 between Access Personnel International Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was to be registered and would apply to the employees covered by it from the date of approval.

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