DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5138)

INNOVATIVE WINDOW SOLUTIONS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 14 OCTOBER 2015

Application for approval of the Innovative Window Solutions Pty Ltd and CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Innovative Window Solutions Pty Ltd 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] Innovative Window Solutions Pty Ltd has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 14 October 2015 and, in accordance with s.54, will operate from 21 October 2015. The nominal expiry date of the Agreement is 28 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Innovative Window Solutions Pty Ltd, with the Fair Work Commission (FWC) acting as the tribunal. The matter was an application for approval of the Enterprise Agreement between the parties dated 2015. The dispute centred on whether the agreement met the legal standards required for its approval and whether it complied with the Fair Work Act 2009. The FWC was tasked with determining whether the agreement contained the necessary provisions and adhered to the legislative requirements for enterprise agreements.

The central legal issues the FWC needed to resolve included whether the agreement was genuinely an enterprise agreement, whether it contained the mandatory terms and conditions as stipulated by the Fair Work Act, and whether the agreement was free from any invalid provisions that might render it non-compliant. The court had to scrutinise the agreement to ensure it was made in good faith, covered the appropriate bargaining scope, and did not unfairly discriminate against any employee or group of employees. Furthermore, the FWC had to assess whether the agreement was procedurally sound, considering the process through which it was negotiated and the extent of employee consultation and participation.

Upon reviewing the application and the agreement, the FWC found that the agreement was genuinely an enterprise agreement and that it met the necessary requirements under the Fair Work Act. The FWC noted that the agreement contained all the mandatory terms and conditions, and it did not include any provisions that unfairly discriminated against employees or contravened the Act. The tribunal also concluded that the agreement was made in good faith and that the process of negotiation was fair and transparent. The FWC approved the agreement, finding it compliant with the legal standards and suitable for registration.

The final orders of the FWC were that the Innovative Window Solutions Pty Ltd and CFMEU Enterprise Agreement 2015 be approved and registered with the Fair Work Commission, effective from the date of the decision. This decision validated the agreement and ensured that it would legally govern the employment conditions between the 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