DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/793)

THE TRUSTEE FOR MACLEOD GLAZING TRUST T/AS MACLEOD ALUMINIUM AND GLAZING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 APRIL 2020

Application for approval of The Trustee for Macleod Glazing Trust T/As Macleod Aluminium and Glazing 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 Trustee for Macleod Glazing Trust T/As Macleod Aluminium and Glazing 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 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 8 April 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of an enterprise agreement between The Trustee for Macleod Glazing Trust, trading as Macleod Aluminium and Glazing Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The enterprise agreement in question covered the period from 2019 to 2020 and was contested on several grounds. The Union argued for the approval of the agreement, while the employer contested certain provisions.

The key legal issues before the Commission were whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. These criteria included ensuring the agreement provided for fair and reasonable terms and conditions for employees, and that it had been made in good faith. The Commission had to consider whether the agreement contained provisions that were unfair or unreasonable, and whether it complied with the requirements of the Fair Work Act.

The Commission considered the arguments from both parties and examined the provisions of the enterprise agreement. The decision focused on whether certain provisions regarding shift patterns, penalty rates, and leave entitlements were fair and reasonable. The Commission found that while some provisions were contentious, they did not render the agreement unfair or unreasonable overall. The agreement was deemed to be made in good faith and provided for fair and reasonable terms and conditions for the employees. As such, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Macleod Glazing Trust and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 was approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Commission and would come into effect from the date of the decision.

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