DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4217)

SLH INDUSTRIES PTY LTD T/AS SLH ASBESTOS REMOVING AND THE CONSTRUCTION, FORESTRY MINING AND ENERGY UNION

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 AUGUST 2015

Application for approval of the SLH Industries Pty Ltd T/As SLH Asbestos Removing and the CFMEU Asbestos Removal Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SLH Industries Pty Ltd T/As SLH Asbestos Removing 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 Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 August 2015 and, in accordance with s.54, will operate from 18 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union (CFMU), applied to the Fair Work Commission for the approval of the CFMEU Asbestos Removal Enterprise Agreement 2015, which governs the employment conditions of employees of SLH Industries Pty Ltd trading as SLH Asbestos Removing. The application was made under the Fair Work Act 2009. The dispute centred on whether the agreement met the legislative requirements for fair and equitable terms, including provisions for employee representation and dispute resolution mechanisms.

The court examined the structure of the agreement, the roles of the parties involved, and the provisions for employee representation and dispute resolution. The key issue was whether the agreement provided for adequate representation and dispute resolution mechanisms, as required by the Fair Work Act. The CFMU argued that the agreement was fair and equitable, while other parties raised concerns about the representation and dispute resolution provisions.

The Fair Work Commission found that the agreement was fair and equitable, despite some concerns raised by the other parties. The court held that the agreement provided for adequate employee representation and dispute resolution mechanisms. The CFMU had demonstrated that the agreement was necessary to ensure fairness and equity in the workplace. The court approved the agreement, finding that it met the legislative requirements for fair and equitable terms.

The Fair Work Commission approved the CFMEU Asbestos Removal Enterprise Agreement 2015, finding that it provided for fair and equitable terms, including adequate representation and dispute resolution mechanisms. The agreement was approved as a registered agreement under the Fair Work Act.

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