DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/559)

SKYWARD WINDOWS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ALUMINIUM & GLASS WORKERS ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 MARCH 2020

Application for approval of the SKYWARD WINDOWS PTY LTD and the CFMEU (Victorian Construction and General Division) Aluminium & Glass Workers Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the SKYWARD WINDOWS PTY LTD and the CFMEU (Victorian Construction and General Division) Aluminium & Glass Workers 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 25 March 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 matter before the Fair Work Commission involved an application for the approval of the SKYWARD WINDOWS PTY LTD and the CFMEU (Victorian Construction and General Division) Aluminium & Glass Workers Enterprise Agreement 2019-2020. The dispute arose from the negotiation and subsequent proposed terms of the enterprise agreement, which sought to govern the employment conditions of workers in the aluminium and glass sectors within Skyward Windows Pty Ltd. The crux of the application was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, particularly concerning its compliance with the good faith bargaining and other statutory requirements.

The central legal issues before the Commission centred on whether the enterprise agreement satisfied the legal prerequisites for approval, including the necessity for genuine and good faith bargaining, and whether the terms of the agreement were procedurally and substantively fair and reasonable. Additionally, the Commission examined whether the agreement appropriately balanced the interests of the employees and the employer, and whether it complied with the procedural requirements as outlined in the Fair Work Act.

In its decision, the Fair Work Commission carefully considered the evidence presented regarding the bargaining process and the terms of the proposed agreement. The Commission found that the parties had engaged in genuine and good faith bargaining, and that the terms of the agreement were fair and reasonable. The Commission highlighted that the agreement provided for appropriate levels of job security, wages, and other employment conditions that were in line with industry standards and reflected the needs of both the employer and employees. Consequently, the Commission approved the enterprise agreement, noting that it met all necessary statutory requirements and was in the best interests of the parties involved.

The final orders of the Fair Work Commission were that the SKYWARD WINDOWS PTY LTD and the CFMEU (Victorian Construction and General Division) Aluminium & Glass Workers Enterprise Agreement 2019-2020 be approved in accordance with section 234 of the Fair Work Act 2009. The approved agreement will now govern the employment conditions of the relevant workers for the specified period.

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