DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2603)

CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION

Manufacturing and associated industries
COMMISSIONER BISSETT	PERTH, 15 AUGUST 2019

Application for approval of the Australian Glass Install Pty Ltd / CFMEU South Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Glass Install Pty Ltd / CFMEU South Australia 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 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 22 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Australian Glass Install Pty Ltd/CFMEU South Australia Enterprise Agreement 2019. The Australian Glass Install Pty Ltd, represented by its directors, sought to have the enterprise agreement dismissed on the basis that it contravened the provisions of the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement was consistent with the statutory requirements for enterprise agreements, particularly whether it contained all the mandated terms and conditions, and if it was negotiated in good faith.

The Commission examined the provisions of the Fair Work Act and the specific requirements for enterprise agreements. It considered the nature of the bargaining process and the obligations of the parties involved in negotiating the agreement. The Commission also took into account the evidence presented by both parties regarding the negotiation process and the content of the agreement. The Commission found that while the majority of the agreement was consistent with the statutory requirements, there were certain provisions that did not meet the mandated terms. However, the Commission concluded that these deficiencies did not render the entire agreement invalid, as the core provisions of the agreement were in compliance with the Act.

The Fair Work Commission approved the enterprise agreement with some modifications to address the non-compliant provisions. It determined that the overall agreement was fair and reasonable, taking into account the bargaining positions of the parties and the nature of the industry. The Commission also noted the importance of ensuring that all mandated terms were included in future agreements to avoid similar issues. The Australian Glass Install Pty Ltd and the CFMEU were directed to implement the modified agreement and address the deficiencies within a specified timeframe.

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