DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5170)

A&Z WINDOWS 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, 28 MAY 2021

Application for approval of the A&Z WINDOWS 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 A&Z WINDOWS 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] 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 4 June 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

In the matter of an application for approval of the A&Z WINDOWS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Glass and Glazing Enterprise Agreement 2020-2023, the Fair Work Commission was tasked with determining whether the enterprise agreement should be approved. The application was made by the Construction, Forestry, Maritime, Mining and Energy Union, and the Australian and New Zealand Windows Pty Ltd. The nature of the dispute was primarily about the terms and conditions of employment under the proposed enterprise agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission included whether the proposed agreement met the requirements under the Fair Work Act 2009, including provisions related to minimum wages, allowable deductions, and the treatment of employees. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions, whether it complied with relevant laws, and if it met the "better off overall test" for employees. The parties argued over specific clauses in the agreement that pertained to wages, penalty rates, and working hours.

The Commission found that the agreement, while generally meeting the statutory requirements, contained some provisions that did not sufficiently protect employee interests. Specifically, certain clauses regarding deductions from wages and the calculation of penalty rates were deemed inadequate. However, after considering the overall benefits and protections provided by the agreement, the Commission determined that it met the "better off overall test" for employees. Consequently, the Commission approved the enterprise agreement with certain modifications to address the identified shortcomings. The modifications were aimed at ensuring compliance with statutory minimum standards and protecting employees' rights.

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