DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4541)

AUSTVIEW AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS GLASS AND GLAZING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 APRIL 2021

Application for approval of the Austview and the CFMEU (Victorian Construction and General Division) Subcontractors Glass and Glazing 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 Austview and the CFMEU (Victorian Construction and General Division) Subcontractors Glass and Glazing 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] While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[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 14 April 2021 and, in accordance with s 54, will operate from 21 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Austview and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Glass and Glazing Enterprise Agreement 2020-2023. The primary parties were Austview, a company in the glass and glazing industry, and the union representing the workers. The nature of the dispute was to ensure that the proposed enterprise agreement complied with the relevant industrial relations laws and adequately protected the interests of both the employees and the employer.

The legal issues the court had to decide centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including provisions concerning the coverage of the agreement, the protection of employee rights, and the avoidance of unfair dismissals. The court also needed to ensure that the agreement provided fair and reasonable terms and conditions of employment, including wages, hours of work, and other employment-related matters. Furthermore, the court examined whether the agreement complied with the procedural requirements for the registration of enterprise agreements under the Fair Work Act.

The court thoroughly reviewed the provisions of the proposed agreement, considering the submissions from both Austview and the union. It found that the agreement generally adhered to the legal requirements and provided fair terms for the employees. The court noted the agreement's provisions concerning wages, hours of work, and other employment-related matters were reasonable and in line with industry standards. Additionally, the court confirmed that the agreement met the procedural requirements for registration under the Fair Work Act, including the provision of the necessary information to employees and the opportunity for objections and submissions. The court approved the agreement, finding it to be a genuine enterprise agreement that complied with 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