DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1200)

DETAIL GLASS & GLAZING PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 19 APRIL 2018

Application for approval of the Detail Glass & Glazing Pty Ltd and CFMEU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Detail Glass & Glazing Pty Ltd and CFMEU Enterprise Agreement 2017 (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 19 April 2018 and, in accordance with s.54, will operate from 26 April 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 before the Fair Work Commission involved an application for approval of the Detail Glass & Glazing Pty Ltd and CFMEU Enterprise Agreement 2017. The applicant, Detail Glass & Glazing Pty Ltd, sought approval of the enterprise agreement, which was entered into between the employer and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues the court needed to address were whether the agreement contained all the mandatory provisions as required by the Fair Work Act, and whether it complied with the good faith bargaining provisions. Specifically, the court needed to consider if the agreement fairly reflected the balance of power between the parties and if it was genuinely negotiated. The court also needed to examine whether the agreement contained all the necessary minimum terms and conditions, including those concerning pay rates, hours of work, and other employment conditions.

In its reasoning, the court meticulously reviewed the terms of the enterprise agreement against the statutory framework. It found that the agreement did indeed contain all the mandatory provisions required by the Fair Work Act. Furthermore, the court was satisfied that the agreement was the product of good faith bargaining. It concluded that the agreement fairly reflected the balance of power between the parties and that it was genuinely negotiated. The court also confirmed that the agreement included all the necessary minimum terms and conditions. Given these findings, the court approved the Detail Glass & Glazing Pty Ltd and CFMEU Enterprise Agreement 2017.

As a result of the court's decision, the enterprise agreement was approved and registered with the Fair Work Commission. This decision ensured that the terms and conditions of employment for the employees covered by the agreement were legally binding and enforceable.

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