DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5811)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JULY 2021

Application for approval of the Silverstone Windows Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Silverstone Windows Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 5 July 2021 and, in accordance with s 54, will operate from 12 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval of the Silverstone Windows Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023. The dispute arose between the union and the employer over the terms and conditions of employment for workers in the aluminium and glass sectors within the context of the agreement. The matter was brought before the Fair Work Commission.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the requirements for approval of such agreements. This included ensuring that the agreement met the criteria for being a "better off overall" agreement, which required that no party to the agreement would be worse off than they would have been under their previous terms of employment or applicable awards. Additionally, the Commission had to consider whether the agreement was fairly negotiated and met the procedural requirements for approval.

In delivering its decision, the Commission examined the terms of the agreement and the evidence provided by both parties. The Commission found that the agreement met the "better off overall" test and was fairly negotiated. The Commission also determined that the agreement satisfied all the necessary procedural requirements for approval. Consequently, the Commission approved the proposed enterprise agreement, finding it to be compliant with the relevant legislative provisions.

The Fair Work Commission approved the Silverstone Windows Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023. The decision was based on the finding that the agreement was fairly negotiated, met the "better off overall" test, and satisfied all procedural requirements for approval under the Fair Work Act 2009. The Commission's approval of the agreement was formalised in its decision, which provided the necessary certification for the agreement to come into effect.

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