DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2170)

PREMIUM GLASS NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Premium Glass NSW 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 the 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 June 2018 and, in accordance with s.54, will operate from 28 June 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) brought an application for approval of the Premium Glass NSW Pty Ltd/CFMEU Collective Agreement 2018 before the Fair Work Commission. The agreement was entered into between Premium Glass NSW Pty Ltd and the CFMEU, and it related to the employment conditions of certain employees in the glass manufacturing industry. The CFMEU sought approval of the agreement under the Fair Work Act 2009, which requires that certain conditions be met for a collective agreement to be approved and registered.

The key legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement that it be a genuine agreement, and whether it met the criteria for being a "single interest employer agreement" or a "single interest employee agreement." The CFMEU argued that the agreement was a genuine agreement that met the statutory requirements, while Premium Glass NSW Pty Ltd did not contest the genuineness of the agreement but argued that it did not meet the criteria for being a single interest employer or employee agreement.

The Fair Work Commission found that the agreement was a genuine agreement and met the criteria for being a single interest employer agreement. The Commission noted that the agreement had been negotiated in good faith between the parties and that it contained provisions that were beneficial to both the employer and the employees. The Commission also found that the agreement met the requirements for being a single interest employer agreement, as it covered only employees who were engaged in the glass manufacturing industry and who were employed by Premium Glass NSW Pty Ltd. The Commission approved the agreement and registered it under the Fair Work Act.

The Fair Work Commission's decision provides guidance on the requirements for approving and registering collective agreements under the Fair Work Act. The decision highlights the importance of ensuring that agreements are genuinely negotiated and that they meet the statutory criteria for being a single interest employer or employee agreement. The decision also reinforces the Commission's role in facilitating the resolution of workplace disputes and promoting cooperative workplace relations.

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