DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7111)

FABRICATED GLAZING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2019

Application for approval of the Fabricated Glazing Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fabricated Glazing Pty Ltd / CFMEU Collective Agreement 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 15 January 2019. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Fabricated Glazing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval for a collective agreement from the Fair Work Commission. The dispute centred around the terms and conditions of employment for workers within the glazing industry, specifically addressing wage rates, conditions of employment, and dispute resolution mechanisms. The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues that the Commission needed to resolve included whether the proposed agreement complied with the Fair Work Act 2009 and whether it met the requirements for being a protected action agreement. This required the Commission to examine the agreement's provisions to determine if they were consistent with the Act, particularly in relation to minimum standards of employment and if they offered a fair and reasonable balance between the interests of employers and employees.

In its decision, the Full Bench of the Fair Work Commission found that the proposed agreement largely adhered to the provisions of the Fair Work Act. The Commission considered the agreement to be fair and reasonable, noting that it provided a balance between the interests of both parties. The Commission approved the agreement, finding that it met the necessary criteria for being a protected action agreement and did not contravene any provisions of the Act.

The Fair Work Commission approved the Fabricated Glazing Pty Ltd / CFMEU Collective Agreement 2018, effective from the date of the decision. The agreement was to be registered under the Fair Work Act, providing a framework for the terms and conditions of employment for workers in the glazing industry.

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