DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Wilson-Kaleb Unit Trust T/A Industrial Demolition Services Pty Ltd
(AG2018/695)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for the approval of Industrial Demolition Services 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 Industrial Demolition Services 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 The Trustee for the Wilson-Kaleb Unit Trust T/A Industrial Demolition Services Pty Ltd. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Construction, Forestry, Maritime, 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 5 April 2018. 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 trustee for the Wilson-Kaleb Unit Trust, trading as Industrial Demolition Services Pty Ltd, made an application for the approval of the Industrial Demolition Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018. The Australian Building and Construction Commission intervened in the proceedings. The applicant sought the approval of the agreement to ensure it was in line with the requirements of the Fair Work Act 2009. The legal issues the court was required to decide were whether the agreement met the necessary standards for approval, including the provisions regarding employee entitlements, working conditions, and dispute resolution mechanisms.

The court examined the agreement's provisions concerning employee entitlements, such as wages, leave, and other benefits, to determine if they complied with the minimum standards set by the Fair Work Act. The court also evaluated the working conditions outlined in the agreement, including hours of work, overtime, and shift patterns, to ensure they did not impose unreasonable demands on the employees. Furthermore, the court assessed the dispute resolution mechanisms to confirm they provided an effective and fair process for addressing workplace issues. After a thorough analysis of the agreement, the court found that it met the necessary standards for approval and did not contravene any provisions of the Fair Work Act.

The court approved the Industrial Demolition Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018, subject to the conditions outlined in the decision. The agreement was deemed to be in compliance with the Fair Work Act and met the necessary standards for employee entitlements, working conditions, and dispute resolution mechanisms. The approval of the agreement would ensure that the parties involved would have a legally binding framework to govern their employment relationship, promoting a stable and productive working environment.

The Trustee for the Wilson-Kaleb Unit Trust T/A Industrial Demolition Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established