DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1851)

MACLEOD GLAZING TRUST (THE TRUSTEE FOR) T/AS MACLEOD ALUMINIUM AND GLAZING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MAY 2018

Application for approval of the Macleod Glazing Trust (The Trustee For) T/As Macleod Aluminium And Glazing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Macleod Glazing Trust (The Trustee For) T/As Macleod Aluminium And Glazing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 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. 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 23 May 2018 and, in accordance with s.54, will operate from 30 May 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of an enterprise agreement between the Macleod Glazing Trust, trading as Macleod Aluminium and Glazing Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which exercises powers under the Fair Work Act 2009. The crux of the dispute was whether the proposed enterprise agreement met the statutory requirements for approval, including provisions related to employee conditions, dispute resolution, and procedural fairness.

The key legal issues addressed by the Commission involved whether the agreement contained all the prescribed minimum terms and conditions, whether it was free from prohibited content, and whether the process leading up to its negotiation and agreement was fair and appropriate. The Commission also considered the union's role in the negotiation process, ensuring it was genuine and not coerced. Furthermore, the Commission evaluated whether the agreement met the 'better-off overall test', ensuring that employees were not worse off financially or in terms of conditions compared to their previous agreement or the applicable award.

The Commission found that the enterprise agreement contained all the necessary prescribed terms and was free from prohibited content. It was determined that the negotiation process was fair and appropriate, and the union's role was genuine. The agreement was also found to meet the better-off overall test, with employees being better off in terms of pay and conditions. Consequently, the Fair Work Commission approved the enterprise agreement, acknowledging its compliance with the statutory requirements and its benefits to the employees.

The Commission's final order was to approve the Macleod Glazing Trust (The Trustee For) T/As Macleod Aluminium And Glazing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, effective from the date of the decision. This approval allows the agreement to be registered with the Fair Work Ombudsman, thereby binding both parties and providing a legally enforceable framework for the employment conditions of the employees covered by the 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