Construction, Forestry, Maritime, Mining and Energy Union Summary

[2019] FWCA 6938

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2019/3680)

THE AJN UNIT TRUST (THE TRUSTEE FOR) T/As AJN GLASS & GLAZING and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Johns	SYDNEY, 8 OCTOBER 2019

Application for approval of THE AJN UNIT TRUST (THE TRUSTEE FOR) T/As AJN GLASS & GLAZING and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as THE AJN UNIT TRUST (THE TRUSTEE FOR) T/As AJN GLASS & GLAZING and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of its members, applied to the Fair Work Commission for approval of the AJN Glass & Glazing Enterprise Agreement 2016-2018. The applicant sought to have the agreement made applicable to employees who were previously engaged by AJN Glass & Glazing but who were now employed by another entity. The legal issues that the Commission had to address involved whether the proposed agreement was fair and reasonable and whether the application met the necessary statutory requirements.

The Commission found that the proposed agreement was fair and reasonable, and it met the statutory criteria for approval. The applicant had demonstrated that the agreement was based on genuine bargaining between the employer and the union, and it included terms and conditions that were fair and reasonable. The Commission also found that the application met all the necessary requirements for approval, including that it was made in good faith and that the agreement was not likely to have an adverse effect on the operations of the employer. The Commission approved the agreement, subject to certain conditions and limitations.

The court's reasoning and outcome were based on a detailed analysis of the evidence and the relevant legal principles. The Commission considered the arguments of both parties and examined the terms and conditions of the proposed agreement. The Commission found that the applicant had met its burden of proof and that the agreement was fair and reasonable. The court's approval of the agreement was subject to certain conditions and limitations, which were designed to ensure that the agreement would not have an adverse effect on the operations of the employer or the employees. These conditions included that the agreement would not apply to any employees who were not party to the genuine bargaining process and that the agreement would not be used as a means of avoiding the obligations of the employer under the Fair Work Act.

In summary, the Fair Work Commission approved the proposed enterprise agreement between the Construction, Forestry, Maritime, Mining and Energy Union and AJN Glass & Glazing. The court found that the agreement was fair and reasonable and that it met all the necessary statutory requirements. The approval was subject to certain conditions and limitations, which were designed to protect the interests of both the employer and the employees.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established