DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1152)

MELBOURNE GLASS SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 MAY 2020

Application for approval of the MELBOURNE GLASS SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the MELBOURNE GLASS SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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 11 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Melbourne Glass Solutions Pty Ltd, with the case being heard in the Fair Work Commission. The dispute revolves around the approval of the Enterprise Agreement between the CFMEU and Melbourne Glass Solutions for the period 2019 to 2020. The core issues before the Commission were whether the agreement met the necessary standards for approval under the Fair Work Act 2009, including whether it provided for the minimum entitlements as outlined by the Act, and whether it was made in good faith and without the coercion of either party.

The Commission had to determine if the agreement sufficiently addressed the minimum entitlements, such as minimum wages, penalty rates, and leave provisions, as stipulated by the Act. Additionally, the Commission assessed whether the agreement was made in good faith, free from any improper influences or coercion. The evidence presented by both parties was scrutinised to ascertain the genuineness of the agreement's formation and its compliance with the statutory requirements.

After a thorough review of the agreement and the evidence presented, the Commission concluded that the Enterprise Agreement met the necessary criteria for approval. It was determined that the agreement provided for all the minimum entitlements required by the Fair Work Act and that it was made in good faith. The Commission found no evidence of coercion or improper influence in the negotiation and execution of the agreement. As a result, the application for approval of the Enterprise Agreement was successful, and the agreement was approved as meeting the standards set out by the Act.

The Fair Work Commission's decision resulted in the approval of the Enterprise Agreement between the CFMEU and Melbourne Glass Solutions for the period 2019 to 2020. The Commission's approval is based on the agreement's compliance with the statutory requirements, including the provision of minimum entitlements and the absence of coercion or improper influence in its formation.

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