DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1776)

KM GLASS & ALUMINIUM PTY LTD T-AS SER GLASS & ALUMINIUM / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

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

Application for approval of the KM Glass & Aluminium Pty Ltd t-as SER Glass & Aluminium / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the KM Glass & Aluminium Pty Ltd t-as SER Glass & Aluminium / CFMEU Collective Agreement 2016 - 2017 (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 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, an application was brought before the Fair Work Commission regarding the approval of a collective agreement between KM Glass & Aluminium Pty Ltd trading as SER Glass & Aluminium and the CFMEU for the period 2016 to 2017. The primary concern of the application was to determine whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with assessing the agreement to ensure it met the necessary standards and did not unfairly disadvantage any party involved.

The court had to address several legal issues, including whether the agreement was genuinely negotiated between the parties, if it adhered to the principles of good faith bargaining, and if it complied with the Fair Work Act's requirements concerning the content and form of such agreements. Additionally, the court needed to consider if the agreement contained provisions that were not in the best interests of the employees or the employer, and whether it provided adequate protections for employees' rights and entitlements.

The Fair Work Commission found that the collective agreement met the statutory requirements and was the result of genuine negotiations between the parties. The agreement was considered to be in good faith and did not contain any provisions that were detrimental to the employees or employer. The court noted that the agreement included standard provisions that aligned with the principles of the Fair Work Act and provided appropriate protections for the employees. Consequently, the Commission approved the agreement, affirming its compliance with the necessary legal standards.

As a result of the court's decision, the KM Glass & Aluminium Pty Ltd t/as SER Glass & Aluminium / CFMEU Collective Agreement 2016 - 2017 was approved and is now in effect. The agreement will govern the employment terms and conditions of the employees during the specified period, ensuring a fair and balanced relationship between the employer and the union.

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