DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3382)

TOTAL WINDOW CONCEPTS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 SEPTEMBER 2019

Application for approval of the Total Window Concepts Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Total Window Concepts 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 7 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the Total Window Concepts Enterprise Agreement 2019. The application was brought before the Fair Work Commission, which was required to determine if the agreement met the criteria for registration under the Fair Work Act 2009. The dispute centred on whether the agreement contained all the prescribed minimum entitlements and if it had been genuinely negotiated between the employer and the employees. The union argued that the agreement was fair and met all legislative requirements, while the employer contended that certain provisions were not in line with the statutory minimum standards.

The commission had to examine the agreement to ensure it contained all the prescribed minimum terms and conditions, as outlined in the Fair Work Act. This included reviewing provisions related to wages, hours of work, leave entitlements, and other employment conditions. The court also needed to assess whether the agreement was the product of genuine bargaining between the parties and if it had been properly certified. The union presented evidence of the negotiation process and certification, while the employer challenged specific clauses on the basis that they did not meet the minimum standards set by the act.

In its decision, the Fair Work Commission found that the Total Window Concepts Enterprise Agreement 2019 did indeed meet the legal requirements for registration. The commission confirmed that the agreement contained all the prescribed minimum terms and conditions, including the necessary wage rates, leave provisions, and other employment standards. The court was satisfied that the agreement was the result of genuine negotiations between the parties and was appropriately certified. Consequently, the commission approved the application for registration of the enterprise agreement.

The final orders of the commission were that the Total Window Concepts Enterprise Agreement 2019 be registered under the Fair Work Act 2009. This decision means that the agreement will be legally binding on the employer and the employees covered by the agreement, and it will govern their employment conditions from the date of registration.

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