DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5334)

AJN GLASS & GLAZING PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 SEPTEMBER 2016

Application for approval of the AJN Glass & Glazing Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AJN Glass & Glazing Pty Ltd and CFMEU Enterprise Agreement 2016 (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, 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.

[3] The Construction, Forestry, 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 is approved and, in accordance with s.54 of the Act, will operate from 9 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court was an application for approval of the AJN Glass & Glazing Pty Ltd and CFMEU Enterprise Agreement 2016. The applicant was the Construction, Forestry, Mining and Energy Union (CFMEU), and the respondent was AJN Glass & Glazing Pty Ltd. The primary dispute centred on the terms of the enterprise agreement and whether they complied with relevant legislative provisions.

The legal issues before the court included whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which it was made and the fairness of its terms. Additionally, the court needed to determine whether the agreement had been genuinely negotiated between the parties and whether it complied with the standards set by the Fair Work Commission.

The court examined the process by which the agreement was negotiated and concluded that the terms were fairly and genuinely negotiated. It found that the agreement met all legislative requirements, including the provisions regarding the disclosure of relevant information and the opportunity for proper discussion. The court also considered the fairness of the terms and concluded that they were not adversely affecting employees' rights under the Fair Work Act. Given these findings, the court approved the enterprise agreement.

As a result of the court's decision, the AJN Glass & Glazing Pty Ltd and CFMEU Enterprise Agreement 2016 was approved and could proceed as intended. The terms of the agreement would now be binding on the parties, and the court's approval ensured that the agreement complied with all relevant legislative standards.

Construction, Forestry, 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