DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7299)

GLASS 2 GO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 SEPTEMBER 2021

Application for approval of the Glass 2 Go Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Glass 2 Go Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[5] The Agreement was approved on 14 September 2021 and, in accordance with s 54, will operate from 21 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicants in this case are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Glass 2 Go Pty Ltd. They sought approval for a Subcontractors Aluminium & Glass Enterprise Agreement from 2020 to 2023. The dispute was heard in the Fair Work Commission, which is responsible for regulating workplace agreements in Australia. The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided fair and reasonable terms for employees, and whether it complied with the procedural requirements for approval.

The Commission examined several aspects of the proposed agreement to determine its fairness and compliance. It considered the process by which the agreement was negotiated, the content of the agreement itself, and whether it met the standards set out in the Fair Work Act. The Commission was particularly attentive to ensuring that the agreement provided a safety net for employees, covered all necessary terms, and was not detrimental to the employees' overall conditions. The CFMEU and Glass 2 Go Pty Ltd had to demonstrate that the agreement was the product of genuine bargaining and provided fair terms for the workers involved.

After reviewing the evidence and arguments presented, the Commission found that the agreement was fair and reasonable and complied with the necessary legal requirements. The Commission approved the Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023, confirming that it met the standards for fairness and compliance. The Commission's decision was based on a detailed analysis of the negotiation process, the content of the agreement, and its alignment with the statutory requirements. This approval ensures that the agreement will govern the terms and conditions of employment for the relevant workers during the specified period.

Construction, Forestry, Maritime, 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