DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6546)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 AUGUST 2021

Application for approval of the NEWGEN GLASS & ALUMINIUM PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the NEWGEN GLASS & ALUMINIUM PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass 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 23 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, NEWGEN GLASS & ALUMINIUM PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023, sought approval from the Fair Work Commission for their enterprise agreement. The dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, a body with jurisdiction over employment and workplace relations matters in Australia.

The legal issues before the Commission included whether the agreement contained terms that were procedurally fair and substantively fair, whether it met the requirements of the Fair Work Act, and whether it adhered to the principles of good faith bargaining. Additionally, the Commission had to determine if the agreement provided for minimum entitlements and whether it had been made in good faith. The Commission was also required to consider if the agreement complied with any relevant modern awards or agreements that could affect its approval.

In examining these issues, the Commission found that the agreement was procedurally fair, as it was the result of good faith bargaining between the parties. The agreement was also substantively fair, meeting all the requirements of the Fair Work Act and providing for minimum entitlements. The Commission concluded that the agreement was made in good faith and complied with all relevant modern awards and agreements. As such, the Commission approved the enterprise agreement, finding it to be fair and reasonable in all respects.

The final orders of the Commission were that the NEWGEN GLASS & ALUMINIUM PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of registration and would apply to all employees covered by the agreement. The Commission also directed that the agreement be published on its website and that notice of the approval be given to all relevant parties.

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