DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4695)

THE TRUSTEE FOR AWARE UNIT TRUST T/AS AUSTRALIA WIDE ASBESTOS REMOVAL ENCAPSULATION 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, 1 AUGUST 2016

Application for approval of The Trustee for Aware Unit Trust T/As Australia Wide Asbestos Removal Encapsulation 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 Trustee for Aware Unit Trust T/As Australia Wide Asbestos Removal Encapsulation 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 8 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Trustee for Aware Unit Trust, trading as Australia Wide Asbestos Removal Encapsulation Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) to approve the Asbestos Removal Enterprise Agreement 2016-2018. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The central legal issues revolved around whether the agreement provided for fair and efficient bargaining, included adequate provisions for employee protection and representation, and adhered to the statutory requirements set forth in the legislation.

The Fair Work Commission considered the application and examined the agreement's provisions, including those related to wages, hours of work, leave entitlements, and other employment conditions. The Commission assessed whether the agreement facilitated fair and efficient bargaining by allowing genuine negotiation between the parties and ensuring that the terms were not imposed unilaterally. Furthermore, the Commission evaluated whether the agreement contained adequate provisions for employee protection and representation, such as provisions for health and safety, dispute resolution, and the protection of workers' rights.

In its decision, the Fair Work Commission found that the Asbestos Removal Enterprise Agreement 2016-2018 complied with the legal criteria for approval. The Commission determined that the agreement demonstrated fair and efficient bargaining, as it allowed for genuine negotiation between the parties and contained provisions that were not imposed unilaterally. Additionally, the Commission found that the agreement provided adequate protection for employees and included provisions for health and safety, dispute resolution, and the protection of workers' rights. Consequently, the Fair Work Commission approved the agreement, ensuring that it would be legally binding on the parties and their employees.

The Fair Work Commission's decision resulted in the approval of the Asbestos Removal Enterprise Agreement 2016-2018. This outcome ensured that the agreement would provide a fair and efficient framework for the employment conditions of workers in the asbestos removal industry, while also protecting their rights and interests. The approval of the agreement demonstrated the Fair Work Commission's commitment to facilitating fair and efficient bargaining between employers and employees, and to ensuring that employment agreements comply with the statutory requirements set forth in the Fair Work Act 2009.

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