Construction, Forestry, Maritime, Mining and Energy Union Summary

[2019] FWCA 6823

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2019/3616)

DYNAMIK GLAZING SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 3 OCTOBER 2019

Application for approval of the DYNAMIK GLAZING SYSTEMS PTY LTD 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 DYNAMIK GLAZING SYSTEMS PTY LTD 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 10 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

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to the Fair Work Commission for approval of an Enterprise Agreement between the union and Dynamik Glazing Systems Pty Ltd. The Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. The dispute centred around the fairness and compliance of the agreement with the statutory provisions.

The legal issues before the Commission included whether the agreement was genuinely an enterprise agreement, whether it was negotiated in good faith, and whether it met the statutory requirements for approval. The Commission also had to consider whether the agreement contained the necessary minimum terms and conditions, and if it provided for a process for resolving disputes.

The Fair Work Commission held that the agreement was genuinely an enterprise agreement, negotiated in good faith, and contained the necessary minimum terms and conditions. The Commission found that the agreement was fair and met the statutory requirements for approval. The Commission was satisfied that the agreement provided for a process for resolving disputes, and therefore approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement between the CFMEU and Dynamik Glazing Systems Pty Ltd, finding that it was genuinely an enterprise agreement, negotiated in good faith, and contained the necessary minimum terms and conditions. The Commission was satisfied that the agreement provided for a process for resolving disputes, and therefore granted the application for approval of the Enterprise Agreement.

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