DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division
(AG2020/955)

CONTRACT GLASS AND ALUMINIUM PTY LTD AND CFMMEU - MANUFACTURING DIVISION ONSITE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2020

Application for approval of the Contract Glass and Aluminium Pty Ltd and CFMMEU - Manufacturing Division Onsite Enterprise Agreement 2019.

[1] Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division has made an application for approval of an enterprise agreement known as the Contract Glass and Aluminium Pty Ltd and CFMMEU - Manufacturing Division Onsite Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 April 2020 and, in accordance with s 54, will operate from 24 April 2020. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division (CFMMEU) for the approval of the Contract Glass and Aluminium Pty Ltd and CFMMEU - Manufacturing Division Onsite Enterprise Agreement 2019. The dispute centred on whether the agreement met the legal standards and requirements set forth by the Fair Work Act 2009, particularly in relation to its compliance with the "better off overall test" (BOOT) and other provisions ensuring fairness and protection of employee rights.

The primary legal issues the Commission had to address included whether the agreement provided for minimum rates of pay and conditions that were at least as favourable as the relevant awards or modern awards, and whether it met the criteria of the BOOT. Furthermore, the Commission examined whether the agreement appropriately balanced the interests of both employers and employees and whether it complied with other statutory requirements, such as the provision of adequate consultation and notice periods.

In reaching its decision, the Commission thoroughly reviewed the terms and conditions proposed in the enterprise agreement. The Commission found that the agreement satisfied the BOOT by ensuring that employees would be no worse off financially and often better off overall compared to the applicable awards. Additionally, the Commission concluded that the agreement provided adequate protections and benefits to employees, including provisions for consultation, dispute resolution, and specific working conditions. Based on this analysis, the Commission approved the enterprise agreement, affirming its compliance with all necessary legal standards and requirements.

The final orders of the Commission included the approval of the Contract Glass and Aluminium Pty Ltd and CFMMEU - Manufacturing Division Onsite Enterprise Agreement 2019, effective from the date of the decision. This approval meant that the agreement would govern the employment conditions of the relevant employees, subject to the terms and conditions outlined in the approved agreement.

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established