DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/364)

SILVERSTONE WINDOWS GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the SILVERSTONE WINDOWS GROUP 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 SILVERSTONE WINDOWS GROUP 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 7 March 2019. The nominal expiry date of the Agreement is 30 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Silverstone Windows Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission, with the respondent being the Australian Government. The nature of the dispute revolves around the terms of the proposed enterprise agreement and whether it complies with the relevant industrial legislation. The court was tasked with determining if the agreement met the necessary criteria for approval, including whether it adhered to the requirements of the Fair Work Act 2009.

The central legal issues the court needed to address were whether the proposed enterprise agreement complied with the statutory requirements, and if it provided for appropriate bargaining, including fair terms and conditions. The court had to ensure that the agreement did not prejudice employees in a manner contrary to public interest and that it did not undermine the integrity of the industrial relations system. Additionally, the court assessed whether the agreement provided for adequate protection of employee rights, including provisions for dispute resolution and the prevention of unfair dismissals.

In reaching its decision, the Fair Work Commission examined the proposed terms of the agreement and considered the submissions from both parties. The court found that the agreement was made in good faith and provided for appropriate bargaining, with terms and conditions that were fair and reasonable. The court also noted that the agreement included provisions for dispute resolution and protections against unfair dismissals, which were in line with the legislative framework. Consequently, the court approved the proposed enterprise agreement, finding that it met all the necessary criteria and did not prejudice employees or undermine the industrial relations system.

The final orders of the court included the approval of the Silverstone Windows Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. The court's decision provided clarity on the requirements for enterprise agreements and reinforced the importance of fair and reasonable terms in the industrial relations system.

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