DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/776)

MELBOURNE GLASS SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 APRIL 2019

Application for approval of the Melbourne Glass Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Glass Solutions 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.

[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 8 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants in this case, Melbourne Glass Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval of an Enterprise Agreement 2016-2018. The Fair Work Commission, the body responsible for the approval, was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The legal issues centred on whether the agreement was fair and whether it complied with the relevant legislative requirements, including the provisions regarding employee entitlements, classification of jobs, and procedural fairness.

The Fair Work Commission examined the provisions of the agreement, considering whether they met the standards set by the Fair Work Act. The Commission assessed the agreement's provisions in relation to minimum wage rates, penalty rates, leave entitlements, and procedural fairness. The Commission also considered whether the agreement was negotiated in good faith and whether it contained terms that were not contrary to public policy. After reviewing the submissions and evidence provided by the parties, the Commission found that the agreement met the necessary criteria for approval.

The Fair Work Commission approved the Enterprise Agreement 2016-2018, finding that it was fair and met the requirements of the Fair Work Act. The Commission noted that the agreement provided for reasonable terms and conditions of employment and did not contain any terms that were contrary to public policy. The Commission also found that the agreement had been negotiated in good faith and that it contained appropriate procedural fairness provisions. The approval of the agreement ensures that the employees of Melbourne Glass Solutions Pty Ltd will receive fair and reasonable terms of employment for the duration of the agreement.

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