DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6199)

CONTRACT GLASS & ALUMINIUM PTY LTD AND CFMMEU (MANUFACTURING DIVISION) FACTORY ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JULY 2021

Application for approval of the Contract Glass & Aluminium Pty Ltd and CFMMEU (Manufacturing Division) Factory Enterprise Agreement 2021.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (the Applicant) has made an application for approval of an enterprise agreement known as the Contract Glass & Aluminium Pty Ltd and CFMMEU (Manufacturing Division) Factory Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 20 July 2021.

[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) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Factory Enterprise Agreement between Contract Glass & Aluminium Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Manufacturing Division). The application was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness and good faith requirements.

The Fair Work Commission considered whether the agreement was fairly negotiated and whether it met the statutory criteria for approval. Key aspects of the agreement in question included the terms of employment, conditions of work, and the dispute resolution processes. The Commission examined whether the union had properly represented its members and if the employer had acted in good faith throughout the negotiation process. The union argued that the agreement was the result of genuine and meaningful negotiations, while the employer contended that certain terms were not adequately discussed or agreed upon.

The Fair Work Commission determined that the agreement was indeed the product of fair and genuine negotiations. The Commission found that both parties had demonstrated a commitment to reaching a fair and reasonable agreement. The Commission also concluded that the employer had acted in good faith and that the union had adequately represented its members. Consequently, the Commission approved the Factory Enterprise Agreement, finding that it met all the statutory requirements for approval. The Commission's decision was based on the evidence presented and the adherence to the principles of procedural fairness and good faith in the negotiation process.

The Fair Work Commission ordered the approval of the Factory Enterprise Agreement between Contract Glass & Aluminium Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Manufacturing Division). This approval was contingent upon the agreement being registered with the Fair Work Commission, ensuring that it would be legally enforceable and provide a framework for the employment conditions of the parties involved.

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