DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3692)

CONTRACT GLASS & ALUMINIUM PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the Contract Glass & Aluminium 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 Contract Glass & Aluminium 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 4 July 2016 and, in accordance with s.54, will operate from 11 July 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 case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the enterprise agreement proposed by the Contract Glass & Aluminium Pty Ltd (CGA) and the CFMEU (Victorian Construction and General Division) for the years 2016-2018. The primary dispute was whether the agreement should be approved under the Fair Work Act 2009, which requires that certain conditions be met, including that the agreement promotes simplification, modernisation and productivity improvements, and that it is free from coercion and undue influence.

The court had to determine if the agreement met the statutory requirements for approval, focusing on whether the agreement provided for adequate pay rates and conditions for employees, and if it facilitated improvements in productivity and workplace relations. The court also had to consider whether there was any evidence of coercion or undue influence in the negotiation and signing of the agreement, as these factors could render the agreement invalid under the Act.

In delivering the judgment, the court found that the agreement did indeed promote simplification, modernisation and productivity improvements, and it was free from coercion and undue influence. The court noted that the agreement provided for fair pay rates and conditions, and it facilitated better workplace relations between the employer and the employees. The court also found that the negotiation process was transparent and that the agreement was supported by a majority of the employees. Consequently, the court approved the enterprise agreement, finding it to be in the best interest of the employees and compliant with the requirements of the Fair Work Act 2009.

The court's final orders were to approve the Contract Glass & Aluminium Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the court's approval. This decision confirmed the agreement as binding for the specified period and mandated its implementation by 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