DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4398)

THE TRUSTEE FOR VIKING GLASS CO UNIT TRUST AND CFMMEU ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 DECEMBER 2019

Application for approval of the The Trustee for Viking Glass Co Unit Trust and CFMMEU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the The Trustee for Viking Glass Co Unit Trust and CFMMEU Enterprise Agreement 2019 (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 13 December 2019. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Trustee for the Viking Glass Co Unit Trust. The dispute pertained to the approval of the CFMMEU Enterprise Agreement 2019 under the Fair Work Act 2009. The Fair Work Commission heard the matter. The legal issues before the Commission centred on whether the agreement complied with the statutory requirements for approval and if it appropriately balanced the interests of the employees and the employer. The Commission had to assess if the agreement was made in good faith, if it included essential terms and conditions, and if it met the criteria for being a "better off overall test".

The Fair Work Commission carefully examined the provisions of the agreement, considering the submissions from both parties. The Commission noted that the agreement included all mandated terms and conditions and found that it was made in good faith. The Commission further determined that the agreement provided a fair and reasonable outcome for both the employees and the employer, satisfying the better off overall test. Consequently, the Commission approved the agreement, finding it met all statutory requirements and adequately balanced the interests of the parties involved.

The final orders of the Commission were that the CFMMEU Enterprise Agreement 2019 be approved, with the effective date of the agreement set as the date of the Commission's decision. The approval was contingent upon the agreement being registered with the Registrar of the Fair Work Commission within the specified timeframe. The decision was binding on all parties and marked a resolution to the application for approval of the enterprise 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