DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3058)

PROGRESSIVE GLAZING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 17 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Progressive Glazing Services 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 24 July 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Progressive Glazing Services Pty Ltd / CFMEU Collective Agreement 2018. The parties involved were Progressive Glazing Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute was the approval of a collective agreement, a crucial step in formalising the terms and conditions of employment for workers within the glazing services industry, as per the requirements of the Fair Work Act 2009.

The central legal issues that the Commission needed to address were whether the collective agreement complied with the legislative requirements under the Fair Work Act and if it met the standards for good faith bargaining. The Commission had to scrutinise the process of negotiation to ensure that the agreement was genuinely negotiated and not imposed. Additionally, the Commission examined the content of the agreement to determine if it adhered to the principles of fairness and reasonableness.

The Fair Work Commission determined that the collective agreement was appropriately negotiated and met the standards required by the Fair Work Act. The Commission found that the process of negotiation was conducted in good faith and the agreement's terms were fair and reasonable. The Commission was satisfied that the agreement met the legislative requirements and did not impose any unreasonable terms on the employees. Consequently, the Commission approved the collective agreement, recognising its compliance with the statutory framework and its fairness in terms of employment conditions. The decision reinforced the importance of adhering to the legislative requirements in the negotiation and approval of collective agreements.

The final orders included the approval of the Progressive Glazing Services Pty Ltd / CFMEU Collective Agreement 2018, affirming its validity and enforceability under the Fair Work Act. The Commission's decision provided clarity and certainty for the parties involved, ensuring that the agreement could be implemented as intended.

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