DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7852)

ASP ADMINISTRATION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2017

Application for approval of the ASP Administration Pty Ltd / CFMEU Collective Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the ASP Administration Pty Ltd / CFMEU Collective 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2017. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union brought an application to the Fair Work Commission for the approval of a collective agreement with ASP Administration Pty Ltd. The agreement in question sought to establish terms and conditions of employment for employees within the organisation. The legal issues at the heart of this case revolved around whether the agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Union argued that the agreement was fair and reasonable, while ASP Administration Pty Ltd contested that certain provisions did not meet the statutory standards for fairness and reasonableness.

The Commission examined the provisions of the agreement against the criteria established by the Fair Work Act. It considered whether the agreement contained appropriate safeguards for employee interests, such as provisions for dispute resolution, and whether it provided adequate protection against harsh, unjust, or unreasonable treatment of employees. The Commission also assessed whether the agreement was free from coercive conduct and whether it included provisions that were necessary to prevent workplace discrimination. After careful consideration of these factors, the Commission determined that the agreement met the necessary standards and was therefore fair and reasonable.

In light of its findings, the Fair Work Commission approved the collective agreement. The decision recognised the balance achieved by the agreement in terms of fairness and reasonableness for both the employees and the employer. The Commission's approval signifies that the agreement can now be implemented as the governing document for the employment conditions within ASP Administration Pty Ltd. This decision ensures that the terms and conditions of employment are legally sound and protect the rights of all parties involved.

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