DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6514)

IND WINDOW FABRICATIONS 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, 12 AUGUST 2021

Application for approval of the IND WINDOW FABRICATIONS 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 IND WINDOW FABRICATIONS 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 19 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 matter before the Fair Work Commission was an application for the approval of the Subcontractors Glass and Glazing Enterprise Agreement 2020-2023 between IND WINDOW FABRICATIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division). The dispute centred on the terms and conditions of employment for glass and glazing subcontractors within the specified period. The Commission was tasked with determining whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to resolve were whether the agreement complied with the procedural requirements set out in the Act and whether it contained terms that were fair and reasonable. This included assessing whether the agreement was made in good faith, whether it provided for a proper balance of rights and obligations, and whether it met the criteria for being a safety net agreement. The Commission also needed to consider whether the agreement had been properly negotiated and whether it provided adequate protection for employees.

The Commission found that the agreement was made in good faith and met the procedural requirements of the Act. It was determined that the agreement provided a fair and reasonable balance of rights and obligations for both parties, and that it contained appropriate safety net provisions. The Commission noted that the agreement was negotiated in a manner consistent with the principles of the Act and provided adequate protection for employees. Consequently, the Commission approved the Subcontractors Glass and Glazing Enterprise Agreement 2020-2023, finding it to be compliant with the necessary legal standards.

The Fair Work Commission approved the Subcontractors Glass and Glazing Enterprise Agreement 2020-2023 between IND WINDOW FABRICATIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division). This decision was made on the basis that the agreement met the procedural requirements of the Fair Work Act 2009, provided a fair and reasonable balance of rights and obligations, and contained adequate safety net provisions. The agreement was thus deemed to be compliant with all necessary legal standards and was approved for 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