DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10860)

PB DEMOLITION & ASBESTOS REMOVAL PTY LTD AND THE CFMEU DEMOLITION 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 Demolition 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 Demolition 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

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CaseChat Overview and Summary

The applicant, PB Demolition & Asbestos Removal Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement was subject to the Fair Work Act 2009. The applicant argued that the agreement met the requirements for approval under the Act. The dispute came before the Fair Work Commission.

The legal issues before the Commission centred on whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith and if it contained the necessary provisions regarding employee protections, such as minimum wages and conditions. The Commission also needed to assess whether the agreement had been properly negotiated and if it met the criteria for being a "simple, flexible and portable" agreement.

The Fair Work Commission found that the agreement had been made in good faith and contained all necessary provisions for employee protections. The Commission was satisfied that the agreement had been properly negotiated and met the criteria for being a "simple, flexible and portable" agreement. The Commission noted the absence of any significant issues or disputes raised by the parties or other stakeholders. Consequently, the Commission approved the enterprise agreement, finding it to be fair and appropriate for the employees covered by the agreement.

The Fair Work Commission approved the PB Demolition & Asbestos Removal Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015, determining that it met the requirements of the Fair Work Act. The Commission's decision was based on the evidence presented, which demonstrated that the agreement had been negotiated in good faith, contained necessary employee protections, and met the criteria for a "simple, flexible and portable" agreement.

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