DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7755)

PROAS PTY LTD AND THE CFMEU ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 FEBRUARY 2016

Application for approval of the Proas Pty Ltd and the CFMEU Asbestos Removal Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Proas Pty Ltd and the CFMEU Asbestos Removal Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 2 February 2016 and, in accordance with s.54, will operate from 9 February 2016. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Proas Pty Ltd. The dispute centred around the approval of the CFMEU Asbestos Removal Enterprise Agreement 2015. The case was heard in the Fair Work Commission (FWC), which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the requirements set out in the Act. Specifically, the Commission needed to determine whether the agreement was in the public interest, provided for a fair and efficient workplace, and complied with the process requirements of the Act. The CFMEU argued that the agreement was fair and represented the best interests of the employees, while Proas Pty Ltd contended that certain provisions were unreasonable and not in the public interest.

The FWC found that while the agreement contained several provisions that were fair and reasonable, a few sections were not in the public interest. The Commission highlighted that certain clauses could potentially lead to inefficiencies in the workplace and did not adequately balance the interests of both parties. After considering the arguments and evidence presented, the FWC determined that the agreement, as a whole, was not in the public interest and thus could not be approved. The Commission emphasised the importance of achieving a balance between the rights of employees and the operational needs of the employer.

The FWC did not grant approval of the CFMEU Asbestos Removal Enterprise Agreement 2015. The decision underscores the importance of ensuring that enterprise agreements strike a fair balance between the interests of employees and employers, and comply with the requirements of 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