DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7416)

AUSTRALASIAN TECHNICAL 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, 12 DECEMBER 2016

Application for approval of the Australasian Technical 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 Australasian Technical 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 19 December 2016. 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 Fair Work Commission (FWC) was asked to consider the application for approval of the Australasian Technical Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016-2018. The union applied for the approval of the enterprise agreement. The employer did not object to the application.

The primary legal issue for the FWC was whether the agreement met the requirements for approval under the Fair Work Act 2009. This included determining if the agreement had been made in good faith, if it contained the prescribed terms, and if it met the “better off overall test”. The FWC also considered if the union had followed the correct process in seeking approval of the agreement.

The FWC found that the agreement was made in good faith and contained all the prescribed terms. The FWC noted that the union had followed the correct process in seeking approval. The FWC found that the agreement met the “better off overall test”, meaning that the employees would be no worse off and at least some employees would be better off under the agreement. The FWC concluded that the agreement was fair and reasonable, and approved it.

The FWC made an order approving the Australasian Technical Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016-2018. The agreement was approved and will apply to the employees of the employer from 1 July 2016 until 30 June 2018.

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