DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/506)

ALUVATE FACADES 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	SYDNEY, 12 MARCH 2020

Application for approval of the Aluvate Facades 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 Aluvate Facades 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 19 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 applicants, Aluvate Facades Pty Ltd and the CFMEU (Victorian Construction and General Division), sought approval of their Enterprise Agreement 2019-2020 from the Fair Work Commission. The agreement was submitted under section 234 of the Fair Work Act 2009, aiming to regulate terms and conditions of employment for workers in the aluminium and glass sector. The application was opposed by two other parties, indicating a dispute over specific provisions within the agreement.

The key legal issues before the court involved the fairness and compliance of the agreement with statutory requirements. The opposition raised concerns regarding the procedural fairness of the agreement's negotiation process and whether certain provisions met the 'better off overall test' (BOOT) as mandated by the Fair Work Act. The court had to determine if the agreement was made in good faith, whether it provided fair and reasonable terms, and if the negotiation process adhered to the legal standards set forth by the Act.

The court found that the agreement was negotiated in good faith and contained fair and reasonable terms. It also held that the negotiation process was procedurally fair, and the provisions met the BOOT. The court noted the importance of balancing the interests of both employers and employees and emphasised the need for flexibility in the workplace to accommodate industry-specific requirements. Given these findings, the court approved the Enterprise Agreement, allowing it to take effect as per the terms outlined.

The Fair Work Commission approved the Enterprise Agreement 2019-2020, allowing it to be implemented according to the terms specified. The decision underscored the importance of ensuring that enterprise agreements are both fair and compliant with statutory requirements while providing the flexibility necessary for the specific industry.

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