DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/182)

WONG FAMILY TRUST (THE TRUSTEE FOR) T/AS ASBESTOS REMOVED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ASBESTOS REMOVAL ENTEPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 JANUARY 2017

Application for approval of the Wong Family Trust (The Trustee for) T/As Asbestos Removed 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 Wong Family Trust (The Trustee for) T/As Asbestos Removed 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 the 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 6 February 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 involved an application for the approval of an enterprise agreement between the Wong Family Trust trading as Asbestos Removed and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The primary issue before the court was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees and if it complied with the provisions of the Act, including those concerning minimum entitlements and the protection of employees' rights.

The court examined the content of the agreement, including its provisions on wages, hours of work, leave, and other employment conditions. The court also considered submissions from both parties and the implications of the agreement on the employees' entitlements and protections. The court concluded that the agreement was fair and reasonable, as it provided for a balance between the needs of the employer and the rights and interests of the employees. The agreement was found to be in the best interests of the employees and complied with the requirements of the Fair Work Act.

The court approved the enterprise agreement, finding that it met the necessary criteria for approval under the Fair Work Act. The agreement was deemed to provide fair and reasonable terms and conditions of employment for the employees, and it was in their best interests. The court's decision was based on a comprehensive analysis of the agreement's provisions and the submissions from both parties. The final orders included the approval of the Asbestos Removal Enterprise Agreement 2016-2018 between the Wong Family Trust trading as Asbestos Removed and the CFMEU (Victorian Construction and General Division).

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