DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4435)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the MATTHEWS GLASS AND WINDOWS PTY LIMITED 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 MATTHEWS GLASS AND WINDOWS PTY LIMITED 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 6 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 case before the Fair Work Commission involved an application for the approval of the MATTHEWS GLASS AND WINDOWS PTY LIMITED and the CFMEU (Victorian Construction and General Division) Aluminium & Glass Workers Enterprise Agreement 2019 - 2020. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought the Commission's approval of the enterprise agreement as being in the best interests of the employees covered by the agreement. The application was made under the Fair Work Act 2009, which requires the Commission to assess whether an enterprise agreement promotes harmonious, productive and cooperative workplace relations, and whether it provides for fair and reasonable terms and conditions.

The key legal issues the Commission was required to decide included whether the terms of the agreement met the statutory requirements for approval, including whether they promoted harmonious, productive and cooperative workplace relations, and whether they provided for fair and reasonable terms and conditions. The Commission also needed to consider whether the agreement provided for the appropriate balance between the rights and obligations of employers and employees, and whether it was in the best interests of the employees it covered.

The Commission determined that the enterprise agreement met the statutory requirements for approval. It found that the agreement promoted harmonious, productive and cooperative workplace relations, and provided for fair and reasonable terms and conditions. The Commission was satisfied that the agreement provided for the appropriate balance between the rights and obligations of employers and employees, and that it was in the best interests of the employees it covered. The Commission also noted that the agreement provided for a number of benefits for employees, including a wage increase, improved leave entitlements, and better dispute resolution processes. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the MATTHEWS GLASS AND WINDOWS PTY LIMITED and the CFMEU (Victorian Construction and General Division) Aluminium & Glass Workers Enterprise Agreement 2019 - 2020. The decision provides guidance to employers and employees on the requirements for an enterprise agreement to be approved by the Commission, and highlights the importance of promoting harmonious, productive and cooperative workplace relations, and providing for fair and reasonable terms and conditions.

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