Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2012)

Trade Glass Pty Ltd and CFMEU Union CollectiveAgreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 30 JUNE 2022

Application for approval of the Trade Glass Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of an enterprise agreement known as the Trade Glass Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval of a collective agreement between Trade Glass Pty Ltd and the union, spanning the years 2020 to 2022. The matter was heard in the Fair Work Commission, where the key issue was whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act 2009.

The legal issues before the Commission were primarily concerned with whether the agreement met the necessary standards for good faith bargaining, the provision of fair and reasonable terms and conditions, and whether it contained any terms that could be deemed to be contrary to public policy. Specifically, the Commission had to consider if the provisions of the agreement adhered to the principles of minimum wage setting, the preservation of workplace rights, and whether it unfairly disadvantaged any party involved.

The Commission determined that the agreement did indeed meet the statutory requirements and was thus approved. The decision was based on the finding that the agreement was the result of good faith negotiations, contained terms and conditions that were fair and reasonable, and did not contravene any public policy considerations. Furthermore, the agreement was found to provide adequate protections for employees and to be in line with the minimum wage standards as prescribed by the Act.

The Fair Work Commission approved the collective agreement, and the matter was concluded with no further orders necessary beyond the approval of the agreement as submitted.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established