DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7843)

ELITE BUILDING AND ENVIRONMENTAL SERVICES 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 DECEMBER 2016

Application for approval of the Elite Building and Environmental Services 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 Elite Building and Environmental Services 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 January 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case between Elite Building and Environmental Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) involved an application for the approval of the Elite Building and Environmental Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016-2018. The dispute was heard and determined in the Fair Work Commission. The central issue for the court was whether the proposed enterprise agreement should be approved under the Fair Work Act 2009. Specifically, the court needed to consider if the agreement met the requirements for approval, including whether it provided for the safety, health, and welfare of employees and whether it complied with the process for enterprise agreements.

The Fair Work Commission examined the application and found that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for safety, health, and welfare. The court considered the submissions from both parties and the evidence presented. It concluded that the agreement contained adequate provisions for the health and safety of employees involved in asbestos removal activities, which is a high-risk occupation. The court also found that the agreement had been made in accordance with the processes required by the Fair Work Act, and that it did not contain any unfair provisions. Based on these findings, the court approved the enterprise agreement.

The final orders of the court were that the Elite Building and Environmental Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016-2018 be approved as a registered enterprise agreement under section 173 of the Fair Work Act 2009. This decision provided certainty for the parties involved and ensured that the agreement would be legally binding and enforceable.

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