DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6129)

CELTIC GLASS AND CFMEU ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 24 NOVEMBER 2015

Application for approval of the Celtic Glass and CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Celtic Glass and CFMEU Enterprise Agreement 2015 (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.

[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 24 November 2015 and, in accordance with s.54, will operate from 1 December 2015. The nominal expiry date of the Agreement is 28 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application seeking approval of the Celtic Glass and CFMEU Enterprise Agreement 2015. The Fair Work Commission was the court in which the application was lodged. The agreement in question aimed to regulate employment conditions for workers in the Celtic Glass industry. The primary dispute revolved around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement complied with the provisions of section 232 of the Fair Work Act, which mandates that enterprise agreements must not have the effect of disadvantaging employees for the purposes of industrial action. Additionally, the court had to determine if the agreement satisfied the requirements for good faith bargaining and if it included all necessary provisions as outlined by the Fair Work Act.

In reaching its decision, the Fair Work Commission assessed the agreement against these legal criteria. The Commission found that the agreement did not disadvantage employees for the purposes of industrial action and satisfied the requirements for good faith bargaining. Furthermore, the Commission determined that the agreement contained all necessary provisions as required by the Fair Work Act. Consequently, the Commission approved the Celtic Glass and CFMEU Enterprise Agreement 2015, finding it to be compliant with all legal standards.

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