DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6950)

THE AZZOPARDI FAMILY TRUST (THE TRUSTEE FOR) T/AS PRO GLAZE & CAULK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS GLASS AND GLAZING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 SEPTEMBER 2021

Application for approval of THE AZZOPARDI FAMILY TRUST (THE TRUSTEE FOR) T/As PRO GLAZE & CAULK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Glass and Glazing Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as THE AZZOPARDI FAMILY TRUST (THE TRUSTEE FOR) T/As PRO GLAZE & CAULK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Glass and Glazing Enterprise Agreement 2020-2023 (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] 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 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 15 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a proposed enterprise agreement between the Azzopardi Family Trust (trading as Pro Glaze & Caulk Pty Ltd) and the CFMEU (Victorian Construction and General Division) Subcontractors Glass and Glazing Enterprise Agreement 2020-2023. The Trust, a small business employing glazing subcontractors, and the CFMEU, a union representing these employees, had negotiated the terms of the agreement. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the proposed agreement provided for fair and reasonable terms, complied with the procedural requirements, and adhered to the protections and entitlements under the Fair Work Act. The Commission had to assess if the agreement was genuinely negotiated, included mandatory minimum terms, and provided for appropriate dispute resolution mechanisms. Additionally, it was necessary to consider if the agreement allowed for fair and reasonable terms of employment, including wages, hours, and conditions that were not less favourable than the relevant national or industry award.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties, contained all the mandatory minimum terms required by the Fair Work Act, and provided for appropriate dispute resolution mechanisms. The Commission concluded that the agreement was fair and reasonable in all its terms, considering the small business context and the specific needs of the glazing industry. The agreement was approved as it provided for terms and conditions that were not less favourable than the relevant awards and included provisions for minimum wage rates, penalty rates, leave entitlements, and other employment conditions. The approval of the agreement was deemed to be in the public interest, promoting industrial peace and the economic well-being of the parties involved.

The final orders of the Commission were that the proposed agreement be approved as a certified agreement, effective from 1 March 2020, and registered under the Fair Work Act. The agreement was to apply to all employees of Pro Glaze & Caulk Pty Ltd who were members of the CFMEU (Victorian Construction and General Division) Subcontractors Glass and Glazing Enterprise Agreement. The Commission's decision ensured that the employees would benefit from the negotiated terms and conditions, while also providing certainty and stability for the employer in managing its workforce.

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