Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4648

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1752)

ASP ADMINISTRATION PTY LTD / ASP (ASBESTOS SOLUTIONS PROFESSIONAL) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013 - 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 JULY 2013

Application for approval of the ASP Administration Pty Ltd / ASP (Asbestos Solutions Professional) Pty Ltd / CFMEU Collective Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe ASP Administration Pty Ltd / ASP (Asbestos Solutions Professional) Pty Ltd / CFMEU Collective Agreement 2013 - 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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union NSW Construction and General Branch (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between ASP Administration Pty Ltd, ASP (Asbestos Solutions Professional) Pty Ltd, and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement in question pertained to the employment conditions of workers within the specified companies and was for the period 2013-2015. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the collective agreement complied with the statutory requirements outlined in the Fair Work Act. This involved assessing whether the agreement had been made in good faith and whether it contained provisions that were fair and reasonable. The Commission also had to consider if the agreement provided for matters that were of mutual interest to the employers and the employees, and if it adhered to the provisions regarding the protection of employees' interests. Additionally, the Commission needed to examine if the agreement was consistent with the principles of the national workplace relations system.

The Fair Work Commission found that the collective agreement met the necessary criteria for approval. The agreement was made in good faith, and it contained provisions that were deemed fair and reasonable. The Commission noted that the agreement addressed matters of mutual interest and was consistent with the principles of the national workplace relations system. Furthermore, the agreement provided adequate protections for employees' interests, thereby satisfying the requirements of the Fair Work Act. Consequently, the Commission approved the collective agreement for the specified period.

The Fair Work Commission approved the ASP Administration Pty Ltd / ASP (Asbestos Solutions Professional) Pty Ltd / CFMEU Collective Agreement 2013-2015, confirming that it complied with the statutory requirements. This approval ensured that the agreement would be enforceable and would govern the employment conditions of workers within the specified companies during the 2013-2015 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