DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4427)

THE TRUSTEE FOR INSTALL ALUMINIUM AND GLASS TRUST T/AS INSTALL ALUMINIUM AND GLASS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 JULY 2016

Application for approval of The Trustee for Install Aluminium and Glass Trust t/as Install Aluminium and Glass 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 The Trustee for Install Aluminium and Glass Trust t/as Install Aluminium and Glass 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 18 July 2016 and, in accordance with s.54, will operate from 25 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for the approval of the Enterprise Agreement between The Trustee for Install Aluminium and Glass Trust trading as Install Aluminium and Glass Pty Ltd and the CFMEU (Victorian Construction and General Division) for the years 2016 to 2018. The dispute centred around the validity and fairness of certain provisions in the agreement, particularly those concerning the definition of 'casual employee' and the conditions under which employees could be rostered on to work. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and if it was fair and reasonable in the circumstances.

The legal issues before the Commission included whether the definition of 'casual employee' was sufficiently precise to ensure that employees understood their entitlements and obligations, and whether the rostering provisions allowed for sufficient flexibility for the employer while also protecting the rights of the employees. The Commission also had to consider whether the agreement provided for a fair and reasonable method of determining pay rates and conditions, in line with the Fair Work Act 2009.

In delivering its decision, the Commission examined the provisions in detail, considering submissions from both the union and the employer. It found that the definition of 'casual employee' was clear and did not disadvantage employees, and that the rostering provisions were reasonable given the nature of the work involved. The Commission also concluded that the agreement provided for a fair and reasonable method of determining pay rates and conditions. Accordingly, the Commission approved the Enterprise Agreement, finding that it met the legislative standards for approval.

The final orders included the approval of the Enterprise Agreement, which was to be registered with the Fair Work Commission and would be in effect from the date of the decision until the end of the specified period, barring any further orders from the Commission or any successful challenge in a court of law.

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