DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2355)

RK GLASS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2018

Application for approval of the RK Glass Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the RK Glass 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 6 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 parties involved in this case are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and RK Glass Pty Ltd. The dispute centres on the approval of a collective agreement between the two parties, specifically the RK Glass Pty Ltd / CFMEU Collective Agreement 2018. The case was heard in the Fair Work Commission. The legal issues before the court were whether the collective agreement complied with the relevant statutory provisions and whether it met the necessary standards for approval under the Fair Work Act 2009.

The court examined the collective agreement to determine if it adhered to the requirements of the Fair Work Act 2009, particularly focusing on whether the agreement was fair and reasonable, and if it provided for the protection of employees' rights. The court also considered if the agreement provided adequate mechanisms for dispute resolution and if it aligned with broader industrial relations objectives. Furthermore, the court assessed if the agreement was made in good faith and if it was fair and reasonable in all its terms.

In delivering the decision, the court found that the RK Glass Pty Ltd / CFMEU Collective Agreement 2018 was compliant with the statutory requirements and met the standards for approval. The agreement was deemed to be fair and reasonable, providing adequate protections for employees and mechanisms for dispute resolution. The court concluded that the agreement was made in good faith and aligned with the objectives of the Fair Work Act 2009. Consequently, the court approved the collective 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