Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1095)

Premium Facades Pty Ltd t-as Premium Glass Australia / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 APRIL 2022

Application for approval of the Premium Facades Pty Ltd t-as Premium Glass Australia / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Premium Facades Pty Ltd t-as Premium Glass Australia / CFMEU Collective Agreement 2019-2023 (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 29 April 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of the Premium Facades Pty Ltd trading as Premium Glass Australia and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Collective Agreement 2019-2023. The application was brought by the CFMEU, and the employer, Premium Facades Pty Ltd, did not oppose the application. The application was heard by the Fair Work Commission, a tribunal with jurisdiction over employment disputes in Australia.

The legal issue before the court was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. The CFMEU argued that the agreement was valid and complied with the Act. The employer did not oppose the application, indicating its agreement with the terms of the agreement. The court had to determine whether the agreement met the legal requirements for approval and whether it provided for the fair and reasonable terms and conditions of employment.

In its decision, the court found that the agreement met the legal requirements for approval. The court noted that the agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The court also found that the agreement did not contravene any provisions of the Fair Work Act 2009. The court was satisfied that the agreement provided for the proper regulation of employment and the protection of employees' rights.

The court approved the collective agreement, finding that it met the legal requirements for approval. The court noted that the agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The court was satisfied that the agreement provided for the proper regulation of employment and the protection of employees' rights. The court's approval of the agreement ensures that the terms and conditions of employment are properly regulated and that employees are protected under the agreement.

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