Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 1051

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2016/279)
PREMIUM GLASS NSW PTY LTD / CFMEU COLLECTIVE
AGREEMENT 2016-2017
Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 FEBRUARY 2016

Application for approval of the Premium Glass NSW Pty Ltd / CFMEU Collective Agreement

2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the

Premium Glass NSW Pty Ltd / 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.
[2016] FWCA 1051

[4] The Agreement was approved on 18 February 2016 and, in accordance with s.54, will

operate from 25 February 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

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of an enterprise agreement known as the Premium Glass NSW Pty Ltd / CFMEU Collective Agreement 2016-2017. The application was made under section 185 of the Fair Work Act 2009. The agreement was intended to cover employees in the building, metal and civil construction industries. The CFMEU, as a bargaining representative, sought to cover itself under the agreement.

The Commission was required to determine whether the application met the criteria for approval under sections 186, 187, and 188 of the Act. The agreement was not intended to cover all employees of the employer, but the Commission was satisfied that the group of employees covered by the agreement was fairly chosen, taking into account the relevant factors under section 186(3) and (3A) of the Act. The agreement was also to be approved as it covered the organisation, in accordance with section 201(2).

The Commission approved the agreement on 18 February 2016, and it will operate from 25 February 2016. The nominal expiry date of the agreement is 30 June 2017. The agreement was approved under section 54 of the Act.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established