DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6195)

QUEENSLAND GLASS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JULY 2021

Application for approval of the Queensland Glass Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Glass 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 2 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a proposed collective agreement with Queensland Glass Pty Ltd. The union sought to formalise terms and conditions of employment for its members within the company. The dispute centred on the procedural and substantive fairness of the agreement, particularly regarding the union's bargaining process and the proposed terms.

The legal issues addressed by the Commission were whether the union had genuinely exercised its right to represent its members in the negotiation process, and whether the terms of the proposed agreement were fair and reasonable. The Commission needed to consider the union's compliance with the requirements of the Fair Work Act 2009, particularly in relation to the processes for negotiating and finalising the agreement. Additionally, the Commission had to evaluate the substantive fairness of the terms and conditions outlined in the agreement, ensuring they did not disadvantage employees and complied with relevant industrial standards.

The Fair Work Commission found that the union had properly exercised its right to represent its members and had followed the necessary procedures in negotiating the collective agreement. The Commission was satisfied with the evidence presented, which demonstrated that the union had engaged in good faith negotiations with the employer. Regarding the substantive fairness of the agreement, the Commission concluded that the terms and conditions were reasonable and did not disadvantage the employees. The Commission approved the Queensland Glass Pty Ltd and CFMEU Union Collective Agreement 2020-2022, finding it to be a fair and reasonable agreement that met the requirements of the Fair Work Act.

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