DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4571)

PRO GLASS AUSTRALIA PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 AUGUST 2015

Application for approval of the PRO GLASS AUSTRALIA PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the PRO GLASS AUSTRALIA PTY LTD (“Company”) and the CFMEU Building and Construction Industry 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 Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 August 2015 and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval for the PRO GLASS AUSTRALIA PTY LTD (Company) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. This application was brought before the Fair Work Commission. The nature of the dispute centred around whether the proposed enterprise agreement complied with the necessary legal and procedural requirements for such agreements in Australia. The key issues involved scrutiny of the agreement's provisions, the manner in which it was negotiated, and whether it met the standards set by the Fair Work Act 2009.

The court needed to determine if the enterprise agreement was appropriately negotiated and if it contained all the mandatory terms required by the Fair Work Act. Additionally, the court had to assess if the agreement was free from any illegal or unfair content and whether it adhered to procedural fairness. The court examined the negotiation process, the content of the agreement, and the implications of any potential non-compliance with the statutory provisions. The validity of the agreement hinged on its alignment with these legal standards and procedural correctness.

In its decision, the Fair Work Commission found that the enterprise agreement was appropriately negotiated and contained all mandatory terms. The court was satisfied that the agreement was free from illegal or unfair content and that it adhered to procedural fairness. Consequently, the application for approval was granted. The court held that the agreement met the necessary legal and procedural requirements under the Fair Work Act, thus it was fit for approval. The final orders reflected this decision, granting the approval sought by the CFMEU.

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