Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7975)

G JAMES GLASS & ALUMINIUM PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 NOVEMBER 2021

Application for approval of the G James Glass & Aluminium Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the G James Glass & Aluminium Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, 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, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The parties to this case were G James Glass & Aluminium Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), with the Fair Work Commission (FWC) presiding over the dispute. The central issue was the approval of a proposed collective agreement between the company and the union, spanning from 2020 to 2022. The application for approval was submitted to the FWC, which had to determine whether the agreement met the necessary criteria for endorsement under the Fair Work Act 2009.

The legal issues that the FWC addressed included whether the proposed agreement provided for fair and reasonable terms and conditions for employees, whether it included appropriate mechanisms for dispute resolution, and whether it complied with the applicable legislative provisions. The FWC also examined if the agreement had been negotiated in good faith and if it adequately represented the interests of both the employees and the employer. Given the nature of the case, the FWC had to balance the competing interests of the union and the company while ensuring that the agreement was fair and reasonable for all parties involved.

In reaching its decision, the FWC carefully considered the evidence presented by both parties and evaluated the provisions of the proposed agreement against the statutory requirements. The FWC found that the agreement contained fair and reasonable terms and conditions for employees and included appropriate mechanisms for dispute resolution. The FWC also determined that the agreement had been negotiated in good faith and represented the interests of both the employees and the employer. As a result, the FWC approved the proposed collective agreement between G James Glass & Aluminium Pty Ltd and the CFMEU for the period of 2020 to 2022.

The final orders of the FWC included the approval of the proposed collective agreement between G James Glass & Aluminium Pty Ltd and the CFMEU, effective from 1 January 2020 to 31 December 2022. The FWC's decision was based on its finding that the agreement met the necessary criteria for endorsement under the Fair Work Act 2009 and that it provided for fair and reasonable terms and conditions for employees, as well as appropriate mechanisms for dispute resolution.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established