DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/905)

MGR INDUSTRIES 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, 29 MARCH 2017

Application for approval of the MGR Industries 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 MGR Industries 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 5 April 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 case involves an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to the Fair Work Commission (FWC) for the approval of the Asbestos Removal Enterprise Agreement 2016-2018 between the CFMEU and MGR Industries Pty Ltd. This application was made under the Fair Work Act 2009, which requires that enterprise agreements be approved if they meet certain criteria, including being free from prohibited content and meeting the "better off overall test" for employees.

The central legal issue before the FWC was whether the agreement met the statutory requirements for approval. Specifically, the FWC needed to determine if the agreement was free from prohibited content, such as provisions that would undermine the operation of the Act or have an adverse effect on the terms and conditions of employees. Furthermore, the FWC had to assess if the agreement satisfied the "better off overall test" by ensuring that no party to the agreement would be worse off in terms of wages, allowances, or other entitlements compared to their position under the applicable award or safety net award.

The FWC considered the evidence and submissions from both parties. It found that the agreement was free from prohibited content and that it met the "better off overall test" for the majority of employees. The FWC concluded that the agreement was in the best interests of the employees and did not contain any provisions that would undermine the Fair Work Act or adversely affect the employees' terms and conditions. Consequently, the FWC approved the agreement.

The final orders of the FWC were to approve the Asbestos Removal Enterprise Agreement 2016-2018 between the CFMEU and MGR Industries Pty Ltd, effective from the date of the decision. This approval ensures that the terms of the agreement are legally binding on the parties and provides a framework for the employment conditions of the employees covered by the 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