DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/824)

SYDNEY GLASS LIFTERS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 APRIL 2019

Application for approval of the Sydney Glass Lifters Pty Ltd/CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Glass Lifters Pty Ltd/CFMEU Collective 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 11 April 2019. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Sydney Glass Lifters Pty Ltd sought approval of their collective agreement for the year 2019. The agreement in question outlines the terms and conditions of employment for workers within the glass lifting industry in Sydney. The crux of the dispute was whether the proposed agreement met the legal requirements under the Fair Work Act 2009, particularly with respect to provisions concerning pay rates, classification of employees, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement complied with the statutory provisions relating to minimum pay rates, the classification of workers, and the establishment of a fair dispute resolution process. The CFMEU argued that the agreement was in line with the legislative requirements and represented a fair and equitable outcome for the employees. Conversely, Sydney Glass Lifters Pty Ltd contended that certain aspects of the agreement, particularly the pay rates and classification of workers, were not in line with industry standards and were overly restrictive.

The Commission, after thorough examination of the arguments and evidence presented by both parties, found that the agreement largely complied with the Fair Work Act 2009. The decision noted that the proposed pay rates were reasonable and the classification of employees was fair. Additionally, the dispute resolution mechanisms were deemed to be appropriate and would facilitate efficient resolution of any future disputes. The Commission approved the agreement subject to minor amendments to ensure full compliance with the statutory requirements.

The final orders included the approval of the collective agreement with the specified amendments. This outcome ensures that the agreement will serve as a legally binding contract between the CFMEU and Sydney Glass Lifters Pty Ltd, governing the employment conditions of glass lifters in Sydney for the year 2019.

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