DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4647)

ADENA UNIT TRUST T/AS CHAPMAN GARDNER PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 JULY 2016

Application for approval of the Adena Unit Trust T/As Chapman Gardner 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 Adena Unit Trust T/As Chapman Gardner 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. 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 29 July 2016 and, in accordance with s.54, will operate from 5 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 matter before the Fair Work Commission involved an application for the approval of the Adena Unit Trust Trading As Chapman Gardner Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016 to 2018. The application was made under the Fair Work Act 2009, which governs the approval of enterprise agreements in Australia. The Commission was tasked with determining whether the agreement met the statutory requirements for approval, including being free from prohibited content and meeting the standards of good faith bargaining and procedural fairness.

The primary legal issues the Commission needed to address were whether the agreement contained any provisions that contravened the Fair Work Act, and if the agreement was the product of genuine and fair bargaining. The Commission had to scrutinise the terms of the agreement to ensure they were consistent with the provisions of the Act and to verify that the bargaining process leading to the agreement was free from coercion, duress, or any other factors that could undermine its validity. The Commission also had to consider whether the agreement met the requirements for "modern awards" and "employee protections."

In reaching its decision, the Commission found that the agreement was free from any prohibited content and that it complied with the statutory requirements for good faith bargaining and procedural fairness. The Commission was satisfied that the agreement had been negotiated in good faith and that there were no unfair labour practices in the bargaining process. The Commission also determined that the agreement provided for fair terms and conditions of employment and that it met the standards of modern awards. As a result, the Commission approved the agreement, recognising it as a valid and binding enterprise agreement under the Fair Work Act.

The final orders of the Commission were that the Adena Unit Trust Trading As Chapman Gardner Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016 to 2018 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The approval was effective from the date of the decision, and the agreement was registered as a registered agreement with the Fair Work Commission.

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