DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4717)

EZ BUILT PTY LTD T/AS EZE SHOP FITTERS 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 DECEMBER 2019

Application for approval of the EZ BUILT PTY LTD T/As EZE SHOP FITTERS 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 EZ BUILT PTY LTD T/As EZE SHOP FITTERS 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 December 2019. The nominal expiry date of the Agreement is 31 January 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 EZ BUILT PTY LTD T/As EZE SHOP FITTERS and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Aluminium & Glass Workers Enterprise Agreement 2019 - 2020. The application was brought by the union, seeking to have the enterprise agreement recognised and applicable to the employees of EZ BUILT PTY LTD. The employer did not oppose the application, but raised concerns regarding certain provisions of the agreement.

The primary legal issues before the Commission were whether the enterprise agreement met the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it contained the necessary minimum terms and conditions of employment. The employer's concerns focused on specific provisions relating to overtime, shift patterns, and penalty rates. The Commission needed to determine if these provisions were fair and reasonable, and if they complied with the Act.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained all the necessary minimum terms and conditions. The Commission considered the evidence and submissions from both parties and found that the provisions relating to overtime, shift patterns, and penalty rates were fair and reasonable. The Commission noted that the agreement provided for flexibility in work arrangements and recognised the need for employers to manage their businesses efficiently, while also ensuring that employees were not subject to undue hardship. The Commission concluded that the agreement was in the best interests of the employees and approved the application for its registration.

The Fair Work Commission approved the EZ BUILT PTY LTD T/As EZE SHOP FITTERS and the CFMEU (Victorian Construction and General Division) Aluminium & Glass Workers Enterprise Agreement 2019 - 2020. The agreement is now registered and will apply to the employees of EZ BUILT PTY LTD, providing them with the terms and conditions set out 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