Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4097)

G JAMES GLASS & ALUMINIUM PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 OCTOBER 2024

Application for approval of the G James Glass & Aluminium Pty Ltd and CFMEU Union Collective Agreement 2023–2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the G James Glass & Aluminium Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 29 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of the G James Glass & Aluminium Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The application was opposed by G James Glass & Aluminium Pty Ltd, the employer, who raised concerns about certain provisions within the agreement, particularly those concerning shift patterns, overtime, and leave entitlements. The commission was required to determine whether the collective agreement was consistent with the Fair Work Act 2009 and the principles of enterprise bargaining.

The primary legal issue before the commission was whether the collective agreement, as proposed, complied with the requirements of the Fair Work Act, particularly in terms of its fairness, efficiency, and the preservation of flexibility. The employer argued that several clauses within the agreement were overly restrictive and would impede the company's ability to operate efficiently. The union, on the other hand, maintained that the agreement was necessary to protect the rights and conditions of the employees, and that the terms were reasonable and in line with industry standards.

After considering the submissions from both parties and reviewing the content of the proposed agreement, the commission found that the majority of the clauses were consistent with the Fair Work Act and were fair and reasonable. However, the commission identified a few provisions that needed to be amended to ensure they did not unduly restrict the employer's operational flexibility. The commission ordered the parties to negotiate and finalise the agreement with the necessary amendments within a specified timeframe. Once the amended agreement was approved, the commission granted its approval and the collective agreement was registered.

The final orders of the commission required the parties to finalise the amended collective agreement within 14 days of the decision. The agreement was to be submitted to the commission for final approval, and upon receipt, the commission would grant its approval and register the amended agreement. The employer was also required to provide notice of the agreement to its employees, and the union was to inform its members of the outcome of the application.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established