DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3318)

ASA PERSONNEL TRUST (THE TRUSTEE FOR) T/AS ASA PERSONNEL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 AUGUST 2017

Application for approval of the ASA Personnel Trust (The Trustee For) T/As ASA Personnel Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the ASA Personnel Trust (The Trustee For) T/As ASA Personnel Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018 (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] 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) 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 23 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEUTVCD) and the ASA Personnel Trust (the Trustee for) T/As ASA Personnel Pty Ltd (ASA) applied for approval of the ASA Personnel Trust Personnel Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018. The application was made under section 232 of the Fair Work Act 2009. The dispute centred around the terms of the proposed enterprise agreement, including pay rates, conditions of employment, and dispute resolution mechanisms. The Commission was required to determine whether the agreement met the procedural and substantive requirements of the Act and whether it was in the best interests of the employees covered by the agreement.

The Commission considered whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act, including whether the necessary majority of employees had been consulted and whether the agreement had been properly balloted. The Commission also considered whether the agreement met the substantive requirements of the Act, including whether it provided for terms and conditions that were no less favourable than the applicable awards and whether it included appropriate dispute resolution mechanisms. Furthermore, the Commission had to assess whether the agreement was in the best interests of the employees, taking into account factors such as the overall benefits and detriments of the agreement to the employees and the broader labour market.

After careful consideration of the evidence and arguments presented by both parties, the Commission found that the agreement met the procedural and substantive requirements of the Act and was in the best interests of the employees. The Commission noted that the agreement provided for appropriate pay rates and conditions of employment, as well as effective dispute resolution mechanisms. The Commission also found that the agreement would not have an adverse effect on the broader labour market. As a result, the Commission approved the agreement, which will now apply to the employees covered by the agreement for the period of 2016 to 2018.

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