DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2949)

NICKS & CUTS GLASS PTY LTD AND CFMMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 OCTOBER 2020

Application for approval of the Nicks & Cuts Glass Pty Ltd and CFMMEU - Manufacturing Division Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Nicks & Cuts Glass Pty Ltd and CFMMEU - Manufacturing Division Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 23 October 2020. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Nicks & Cuts Glass Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2019, the Fair Work Commission was called upon to assess the agreement's compliance with the Fair Work Act 2009. The applicant, Nicks & Cuts Glass Pty Ltd, and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union Manufacturing Division, sought the Commission’s endorsement of the enterprise agreement which had been negotiated between the parties.

The legal issues before the Commission included whether the agreement complied with the procedural and substantive requirements of the Fair Work Act, particularly sections 227 and 233. The Commission needed to ensure that the agreement had been negotiated in good faith, provided for the simplification, clarification and reduction of workplace rules, and met the better off overall test.

After examining the evidence and submissions from both parties, the Commission determined that the agreement was made in good faith and met the requirements of the Act. The agreement was found to simplify and clarify the workplace rules, and it was concluded that it provided employees with a better overall outcome than the applicable awards. The Commission highlighted the significance of the agreement in addressing specific operational needs of the company while ensuring fair treatment for the employees. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered and published in accordance with the Fair Work Regulations 2009. The decision underscored the importance of cooperative negotiations in achieving a balanced and fair outcome for both employers and employees.

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