DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1968)

FIBRE CONTROL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 JUNE 2017

Application for approval of the Fibre Control Pty Ltd and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fibre Control Pty Ltd and the CFMEU (Victorian Construction and General Division) Asbestos Removal 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 16 June 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Mining and Energy Union (CFMEU) and Fibre Control Pty Ltd, sought approval of their Enterprise Agreement from the Fair Work Commission (FWC). The agreement, which was for the period 2016 to 2018, related to the removal of asbestos. The FWC was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009 (Cth). The dispute hinged on whether the agreement adequately covered certain aspects of employment conditions and whether it aligned with the principles of the Act.

The primary legal issues before the FWC were whether the agreement provided for fair and reasonable terms, including adequate provisions for employee health and safety, and whether it adhered to the principles of good faith bargaining and the broader objectives of the Act. The FWC had to scrutinise the agreement to ensure it did not adversely affect employees' rights and entitlements. The applicants argued that the agreement was fair and reasonable and that it represented the best possible outcome after good faith bargaining.

The FWC found that the agreement was largely fair and reasonable, meeting the criteria for approval under the Act. The FWC acknowledged that the agreement provided for adequate terms and conditions of employment, including health and safety provisions, and that it was the product of good faith bargaining. The FWC noted that while there were some areas for improvement, these did not detract from the overall fairness of the agreement. The FWC concluded that the agreement should be approved as it provided for fair and reasonable terms and met the legislative requirements.

The FWC approved the Fibre Control Pty Ltd and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016-2018, subject to certain conditions. These conditions were aimed at ensuring that the agreement continued to meet the standards of fairness and reasonableness as required by the Act. The approval allowed the agreement to be registered and enforced, providing certainty to both the employer and employees involved in the asbestos removal industry.

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