DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/845)

QUEENSLAND GLASS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

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

Application for approval of the Queensland Glass Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Glass 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 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 April 2016 and, in accordance with s.54, will operate from 20 April 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry, Mining and Energy Union (CFMEU) and Queensland Glass Pty Ltd. The dispute centres on the approval of the Collective Agreement between the CFMEU and Queensland Glass Pty Ltd for the period 2015-2019. The matter was heard in the Fair Work Commission of Australia. The central legal issue the court had to address was whether the Collective Agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court examined if the agreement met the criteria for being considered a "small business" agreement, which could exempt it from certain provisions of the Act.

The court's reasoning was grounded in statutory interpretation and the specific provisions of the Fair Work Act. It assessed whether Queensland Glass Pty Ltd qualified as a small business under the Act, considering factors such as the number of employees and the annual turnover. The court found that Queensland Glass Pty Ltd did indeed qualify as a small business, which allowed for certain provisions of the agreement to be deemed lawful under the small business exception. Consequently, the court ruled that the Collective Agreement was compliant with the Act and granted the approval sought by the CFMEU.

The court's decision was that the Collective Agreement between the CFMEU and Queensland Glass Pty Ltd for the period 2015-2019 was approved, as it met the criteria for a small business agreement. The court's approval was based on its finding that Queensland Glass Pty Ltd qualified as a small business under the Fair Work Act, which allowed for certain provisions of the agreement to be exempt from specific statutory requirements. The decision was made in light of the evidence presented and the statutory framework governing such agreements.

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