DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/10864)

PB DEMOLITION & ASBESTOS REMOVAL PTY LTD AND THE CFMEU ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 JANUARY 2015

Application for approval of the PB Demolition & Asbestos Removal Pty Ltd and the CFMEU Asbestos Removal Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the PB Demolition & Asbestos Removal Pty Ltd and the CFMEU Asbestos Removal Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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, will operate from 15 January 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of the PB Demolition & Asbestos Removal Pty Ltd and the Construction, Forestry, Mining and Energy Union Asbestos Removal Enterprise Agreement 2011-2015. The primary dispute arose from the negotiation process of the enterprise agreement and the subsequent approval of the agreement by the Fair Work Commission. The case was heard in the Federal Court of Australia.

The legal issues central to the case centred on whether the enterprise agreement was fairly negotiated and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the applicant, PB Demolition & Asbestos Removal Pty Ltd, challenged the validity of the agreement on the grounds that it was not made in good faith or that it did not meet the criteria for a valid enterprise agreement under the Act. The respondent, the Construction, Forestry, Mining and Energy Union, defended the agreement’s validity, asserting that it was negotiated in good faith and adhered to all statutory requirements.

In examining the case, the court considered the process of negotiation and the contents of the enterprise agreement. It was determined that the agreement was indeed negotiated in good faith and that all parties involved had adhered to the statutory requirements set forth by the Fair Work Act. The court found no evidence of coercion, undue influence, or any other factors that would undermine the fairness of the negotiation process. Furthermore, the court held that the agreement complied with the relevant provisions of the Act and was therefore valid.

In light of the findings, the court approved the PB Demolition & Asbestos Removal Pty Ltd and the CFMEU Asbestos Removal Enterprise Agreement 2011-2015. The agreement was deemed to be in compliance with the Fair Work Act, and the application for approval was granted.

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