DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4682)

PRO GLASS AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 AUGUST 2016

Application for approval of the Pro Glass Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

[1] An application has been made for approval of an enterprise agreement known as Pro Glass Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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. 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, 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 1 August 2016 and, in accordance with s.54, will operate from 8 August 2016. 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 applicant, the Construction, Forestry, Mining and Energy Union, sought approval for an enterprise agreement between the union and Pro Glass Australia Pty Ltd. The Fair Work Commission was the court in this matter. The agreement was for the period 2016 to 2018 and related to employees in the Victorian construction and general division of the union.

The legal issues before the court included whether the agreement met the requirements of the Fair Work Act 2009, particularly if it contained genuine bargaining and if it complied with the "better off overall test". The court had to determine whether the proposed terms and conditions of employment were fair and reasonable, and if the agreement was made in good faith.

The court found that the agreement was genuinely bargained for and met the better off overall test. The court considered the evidence presented and concluded that the agreement was fair and reasonable, and that it was made in good faith. The court approved the enterprise agreement, noting that it provided for a fair and reasonable outcome for both the employees and the employer.

The final order of the court was to approve the Pro Glass Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was approved as meeting the requirements of the Fair Work Act 2009 and was deemed to be a genuine and fair agreement for both parties.

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