DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1764)

THE TRUSTEE FOR HITEC GLAZING TRUST T/A HITEC GLAZING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 JULY 2016

Application for approval of The Trustee for Hitec Glazing Trust T/A Hitec Glazing Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Hitec Glazing Trust T/A Hitec Glazing Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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, 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 13 July 2016 and, in accordance with s.54, will operate from 20 July 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and The Trustee for Hitec Glazing Trust, which operates under the name Hitec Glazing Pty Ltd. The matter was heard by the Fair Work Commission, which was asked to approve a proposed collective agreement between the parties for the period 2015 to 2019. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Act. This included assessing whether the agreement was a genuine enterprise agreement, whether it contained only matters that could be the subject of a registered agreement, and whether it was in the best interests of the employees. The Commission also needed to determine if the agreement provided for appropriate mechanisms for the resolution of workplace disputes.

The Commission found that the proposed agreement was a genuine enterprise agreement, as it was negotiated in good faith and contained only matters that could be the subject of a registered agreement. The Commission also concluded that the agreement was in the best interests of the employees and provided for appropriate mechanisms for the resolution of workplace disputes. The Commission noted that the agreement included provisions for the establishment of a joint consultative committee, which would provide a forum for the discussion and resolution of workplace issues. The Commission further found that the agreement contained provisions for the resolution of individual disputes, which would provide employees with a means of seeking redress if they believed their rights under the agreement had been breached. Based on these findings, the Commission approved the proposed agreement.

The Fair Work Commission approved the proposed collective agreement between the Construction, Forestry, Mining and Energy Union and The Trustee for Hitec Glazing Trust T/A Hitec Glazing Pty Ltd. The Commission found that the agreement was a genuine enterprise agreement, contained only matters that could be the subject of a registered agreement, and was in the best interests of the employees. The Commission also concluded that the agreement provided for appropriate mechanisms for the resolution of workplace disputes.

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