DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5920)

SLH INDUSTRIES PTY LTD T/AS SLH ASBESTOS REMOVING INDUSTRIES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the SLH Industries Pty Ltd T/As SLH Asbestos Removing Industries 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 SLH Industries Pty Ltd T/As SLH Asbestos Removing Industries 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 6 October 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the SLH Industries Pty Ltd T/As SLH Asbestos Removing Industries and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016-2018. The dispute centred around the terms of the enterprise agreement, specifically whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement was made in good faith, whether it contained the necessary minimum terms, and whether it complied with the procedural requirements set forth in the Fair Work Act. Additionally, the court had to determine if the agreement fairly and accurately reflected the working conditions and entitlements of the employees covered by it.

The Fair Work Commission found that the application met the criteria for approval. The agreement was made in good faith, contained all the necessary minimum terms, and adhered to the procedural requirements. The Commission also determined that the agreement fairly and accurately reflected the working conditions and entitlements of the employees, ensuring that it provided adequate protections and benefits. Consequently, the Commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the SLH Industries Pty Ltd T/As SLH Asbestos Removing Industries and the CFMEU (Victorian Construction and General Division) Asbestos Removal Enterprise Agreement 2016-2018 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were bound by its terms.

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