DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6514)

BONDWELL INVESTMENTS PTY LTD T/A CENTURY GLASS AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 JANUARY 2018

Application for approval of the Bondwell Investments Pty Ltd t/a Century Glass and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bondwell Investments Pty Ltd t/a Century Glass 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 17 January 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Mining and Energy Union, the Fair Work Commission was tasked with approving an enterprise agreement between the union and Bondwell Investments Pty Ltd t/as Century Glass. The union sought approval for the agreement, which sought to set out the terms and conditions of employment for workers under the agreement. The dispute centred around several provisions within the proposed agreement, particularly those relating to redundancy and termination of employment.

The legal issues that the Commission had to decide included whether the proposed provisions were consistent with the principles of the Fair Work Act 2009, and whether they were in the best interests of the employees. The Commission had to consider whether the proposed provisions for redundancy and termination were fair and reasonable, and whether they complied with the relevant statutory provisions. The union argued that the provisions were necessary to protect the interests of the employees, while Bondwell Investments argued that the provisions were too restrictive and could potentially hinder the business's operations.

After careful consideration of the arguments presented by both parties, the Commission found that the proposed provisions were generally consistent with the principles of the Fair Work Act and in the best interests of the employees. The Commission acknowledged that the union had a legitimate interest in protecting the rights of the employees, but also recognised the need for flexibility in the workplace. The Commission ultimately approved the proposed agreement with some modifications to certain provisions, finding that the overall balance of the agreement was fair and reasonable.

The Commission's decision highlights the importance of striking a balance between the rights of employees and the needs of employers when negotiating enterprise agreements. The decision also demonstrates the Commission's willingness to consider the unique circumstances of each case and to make decisions that are in the best interests of all parties involved.

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