DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6203)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 JULY 2021

Application for approval of the B.T. WINDOWS 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 B.T. WINDOWS 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 2 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 in this case were the B.T. WINDOWS PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the approval of the Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission, a tribunal with jurisdiction over employment matters in Australia.

The primary legal issue before the Commission was whether the terms of the proposed agreement were consistent with the relevant legislative framework, specifically the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the criteria for registration under the Act. The Commission also had to consider whether the agreement was made in good faith and without coercion, as required by law.

In delivering its decision, the Commission noted that the agreement contained terms that were fair and reasonable, providing for appropriate protections for employees, including minimum wage rates, overtime provisions, and provisions for leave and termination. The Commission found that the agreement was made in good faith and without any evidence of coercion. The Commission was satisfied that the agreement met the criteria for registration under the Fair Work Act and approved the agreement for registration.

The Commission made an order approving the Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023, effective from 1 July 2020. The agreement was registered with the Fair Work Commission, and the parties were bound by its terms for the duration of the agreement.

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