DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4564)

AAH CONTRACTING 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, 26 JULY 2016

Application for approval of the AAH Contracting 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 AAH Contracting 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 2 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 case involved an application for the approval of an enterprise agreement between AAH Contracting Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The applicant union sought the approval under section 232 of the Fair Work Act 2009. The application was heard by the Full Bench of the Fair Work Commission. The dispute centred on the validity and fairness of the proposed enterprise agreement, specifically addressing concerns about the classification of workers and the terms of employment within the asbestos removal industry.

The central legal issue was whether the enterprise agreement complied with the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement met the 'better off overall test' and was free from any prohibited content. The court also needed to determine if the agreement was genuinely negotiated and whether the union had appropriately represented its members in the negotiations. The primary focus was on the classification of workers, particularly whether the agreement appropriately categorised employees as either 'asbestos removal workers' or 'general labourers' and if the terms of employment were fair and reasonable.

The Full Bench of the Fair Work Commission determined that the enterprise agreement was valid and met the requirements for approval. The court found that the agreement was genuinely negotiated between the parties and that the union had appropriately represented its members. The classification of workers and the terms of employment were considered fair and reasonable, satisfying the better off overall test. The court emphasised the importance of the agreement in providing better conditions and protections for employees in the asbestos removal industry. Consequently, the application for approval was granted, and the enterprise agreement was approved.

The final orders of the court included the approval of the AAH Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016-2018. The agreement was to be registered under the Fair Work Act, and the terms would govern the employment conditions for the specified period. The decision affirmed the validity and fairness of the agreement, ensuring that it would provide improved protections and benefits to the employees involved.

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