DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1365)

QUEENSLAND GLASS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 10 MAY 2019

Application for approval of the Queensland Glass Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Queensland Glass Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Queensland Glass Pty Ltd, where the union sought approval for a proposed collective agreement for the period 2018-2019. The nature of the dispute was primarily focused on the terms and conditions of employment and the procedural fairness of the bargaining process. The Fair Work Commission, as the body responsible for overseeing such agreements, was tasked with determining whether the proposed agreement met the necessary legal and procedural standards.

The legal issues at the heart of the case involved assessing the procedural fairness of the negotiation process and ensuring that the agreement complied with the Fair Work Act. Specifically, the Commission needed to determine whether the union had followed proper procedures in reaching the agreement and whether the terms of the agreement were fair and reasonable. The CFMEU argued that the agreement was the result of genuine bargaining and that it provided fair and equitable terms for the employees. Conversely, Queensland Glass Pty Ltd raised concerns about the fairness of the negotiation process and questioned some of the terms proposed in the agreement.

The Commission's reasoning focused on a detailed examination of the negotiation process and the terms of the agreement. The Commission found that the union had indeed engaged in genuine bargaining, as evidenced by the documented negotiation process and the willingness of both parties to reach a compromise. However, the Commission identified several provisions in the agreement that it deemed to be unfair or unreasonable, particularly those relating to certain employment conditions and dispute resolution mechanisms. Ultimately, the Commission approved the agreement but with several modifications to address the identified issues, ensuring that it met the standards of procedural fairness and reasonableness required by the Fair Work Act.

The final orders of the Commission mandated that the agreement be amended to address the identified concerns, ensuring that the terms were fair and reasonable. The modifications included changes to specific employment conditions and dispute resolution mechanisms, aligning the agreement more closely with the legal and procedural requirements set out in the Fair Work Act. The Commission's decision thus provided a balanced outcome, recognising the union's right to negotiate while also ensuring that the terms of the agreement were fair and compliant with the law.

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