DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2016/5558)

APTUM PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 SEPTEMBER 2016

Application for approval of the Aptum Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Aptum Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition 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 21 September 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 was presented with an application for the approval of the Demolition Enterprise Agreement 2016-2018 between Aptum Pty Ltd and the Construction, Forestry, Mining and Energy Union-Victoria Branch. The union sought approval for the agreement, which had been negotiated and signed, while Aptum Pty Ltd supported the application, highlighting its compliance with the Fair Work Act 2009. The dispute centred on whether the agreement met the legal standards for approval, including fairness, simplicity, and the provision of adequate protections for employees.

The legal issues before the Commission involved verifying the agreement's compliance with the Fair Work Act, particularly regarding the provisions for minimum rates of pay, penalty rates, leave entitlements, and procedural fairness in its negotiation. Additionally, the Commission needed to assess whether the agreement adequately represented the interests of the employees and provided sufficient protections for them.

In deliberating on the application, the Fair Work Commission considered the submissions from both parties and conducted a detailed review of the agreement. The Commission found that the agreement complied with the statutory requirements of the Fair Work Act and was fair and reasonable in its terms. It concluded that the agreement provided adequate protections for employees, including provisions for minimum rates of pay, penalty rates, and leave entitlements, as well as fair negotiation processes. Therefore, the Commission approved the Demolition Enterprise Agreement 2016-2018 between Aptum Pty Ltd and the Construction, Forestry, Mining and Energy Union-Victoria Branch.

Construction, Forestry, Mining and Energy Union-Victoria Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established