DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3155)

G W COMMERCIAL FIXERS AND GLAZIERS PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 OCTOBER 2018

Application for approval of the G W Commercial Fixers and Glaziers Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the G W Commercial Fixers and Glaziers Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 October 2018 and, in accordance with s.54, will operate from 17 October 2018. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between the G W Commercial Fixers and Glaziers Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The dispute was heard by the Fair Work Commission, an Australian labour relations tribunal.

The central legal issues that the Commission needed to address included whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and procedural fairness. The Commission also had to consider if the agreement was fair and reasonable, taking into account the interests of both the employees and the employer.

The Commission found that the collective agreement was compliant with the statutory requirements and demonstrated good faith bargaining. The Commission emphasised the importance of the parties engaging in genuine discussions and reaching an agreement that was fair and reasonable for both sides. The Commission was satisfied that the agreement met these criteria, and therefore approved the collective agreement. The court's decision was based on the evidence presented, which demonstrated that the agreement was the result of good faith negotiations and was fair and reasonable.

The Fair Work Commission approved the G W Commercial Fixers and Glaziers Pty Ltd and CFMMEU Union Collective Agreement 2018-2019, confirming that it met the statutory requirements and principles of good faith bargaining and procedural fairness. The court's decision provided certainty for both the employer and the employees regarding the terms and conditions of their employment.

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