DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1939)

RK GLASS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 JULY 2020

Application for approval of the RK Glass Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the RK Glass Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 22 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, represented by their officials, applied for the approval of a collective agreement between RK Glass Pty Ltd and the union, spanning the years 2019 to 2022. RK Glass Pty Ltd, a company operating within the glass manufacturing sector, contested certain provisions of the agreement, raising concerns about their compliance with the relevant industrial laws and standards.

The legal issues that the Commission was required to decide included whether the provisions of the collective agreement were consistent with the Fair Work Act 2009, and whether they adhered to the principles of good faith bargaining and procedural fairness. Specifically, the company objected to certain clauses related to employee entitlements, working conditions, and dispute resolution mechanisms, asserting that these provisions were overly restrictive and potentially detrimental to the operational flexibility of the business.

After considering the submissions from both parties, the Commission found that the majority of the contested provisions were consistent with the statutory framework and did not contravene the principles of good faith bargaining. The Commission emphasised the importance of maintaining a balance between the rights of employees and the operational needs of employers. The Commission approved the collective agreement, subject to minor modifications to address the company's concerns about specific clauses, ensuring that the agreement would not unduly restrict the company's ability to manage its business effectively.

The final orders of the Commission included the approval of the collective agreement with the aforementioned modifications, which were designed to mitigate the company's concerns while preserving the core entitlements and protections for employees as stipulated in the agreement.

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