DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4515)

APS INDUSTRIAL SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JULY 2016

Application for approval of the APS INDUSTRIAL SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the APS INDUSTRIAL SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold 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 22 July 2016 and, in accordance with s.54, will operate from 29 July 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and APS Industrial Services Pty Ltd applied for approval of a new enterprise agreement. The proposed agreement, titled the "APS Industrial Services Pty Ltd and CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018", was to cover employees of APS Industrial Services Pty Ltd who were members of the CFMEU. The primary legal issue the Commission had to address was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and whether it had been made in good faith.

The Commission considered the arguments presented by both parties and examined the provisions of the proposed agreement. It found that the agreement included provisions that were fair and reasonable, providing for minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission noted that while some provisions of the agreement were not ideal, they did not detract from the overall fairness of the agreement. The Commission concluded that the agreement had been made in good faith and met the requirements for approval under the Fair Work Act. The Commission approved the agreement, noting that it would provide for fair and reasonable terms and conditions for employees covered by the agreement.

The Commission made an order approving the proposed enterprise agreement. The order included specific provisions regarding the agreement's commencement date and the manner in which it would be registered with the Fair Work Commission. The order also included provisions for the agreement's variation and termination, and the rights of employees to be protected from adverse action in relation to the agreement. The Commission's decision provides clarity for both parties and ensures that employees covered by the agreement will have fair and reasonable terms and conditions of employment.

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