DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1116)

THE MASTA GLAZIER PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of The Masta Glazier Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as The Masta Glazier 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 16 May 2016 and, in accordance with s.54, will operate from 23 May 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 an application for approval of a collective agreement between The Masta Glazier Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission. The nature of the dispute centred around the terms of the collective agreement and whether it complied with the relevant industrial legislation.

The key legal issues for the Commission to decide were whether the agreement met the formal requirements under the Fair Work Act, and whether the provisions of the agreement were consistent with the national system of industrial relations. This included assessing whether the agreement provided for proper dispute resolution mechanisms, and whether it adhered to the requirements for good faith bargaining.

The Commission found that the agreement did meet the formal requirements of the Act and was consistent with the national system. The agreement included provisions for dispute resolution, which were deemed adequate, and the bargaining process was found to be conducted in good faith. The Commission approved the collective agreement, noting that it provided a fair framework for the employment relationship between the parties.

The final orders included the approval of the collective agreement, subject to the parties adhering to the terms and conditions outlined within it. The approval was granted on the basis that the agreement complied with the statutory requirements and facilitated a balanced and fair 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