Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11986)

HAZREM PTY LTD AND THE CFMEU ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Hazrem 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 Hazrem 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, 187 and 188 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 26 December 2013. 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 case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Hazrem Pty Ltd, with the dispute centred around the approval of the Enterprise Agreement between the parties for the period 2011-2015. The Fair Work Commission was the court responsible for hearing the application. The legal issues before the Commission included whether the agreement complied with the relevant legislative requirements, including whether it was made in good faith and whether it provided for the proper protection of employees' interests.

The Commission found that the agreement was made in good faith and that it provided for the proper protection of employees' interests. It noted that the agreement contained provisions that were consistent with the principles of enterprise bargaining and that it provided for a fair and reasonable outcome for both parties. The Commission also found that the agreement was not contrary to public policy and that it did not contain any provisions that were likely to have a detrimental effect on the employees. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Enterprise Agreement between the CFMEU and Hazrem Pty Ltd for the period 2011-2015. The Commission found that the agreement was made in good faith and provided for the proper protection of employees' interests. The Commission noted that the agreement contained provisions that were consistent with the principles of enterprise bargaining and provided for a fair and reasonable outcome for both parties. The Commission also found that the agreement was not contrary to public policy and did not contain any provisions that were likely to have a detrimental effect on the employees. As such, the Commission approved the agreement and it will now be in effect for the specified period.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established