DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2842)

SOUND ALUMINIUM WINDOWS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JUNE 2015

Application for approval of the Sound Aluminium Windows Pty Ltd 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 Sound Aluminium Windows Pty Ltd 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 the Construction, Forestry, Mining and Energy Union (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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 is approved and, in accordance with s.54, will operate from 9 June 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to approve the Sound Aluminium Windows Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2015. The primary issue in this case was whether the enterprise agreement met the criteria set out in the Fair Work Act 2009 for approval and registration. The application was brought before the Fair Work Commission, which has the authority to approve enterprise agreements under the Act.

The legal issues that the court needed to address included whether the agreement was made in accordance with the procedural requirements set forth in the Fair Work Act, and whether the agreement provided for fair and reasonable terms and conditions for the employees covered by it. The court also needed to consider whether the agreement was in the best interests of the employees, and whether it complied with the provisions of the Act that seek to ensure fairness in the workplace.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The court noted that the agreement was made in accordance with the procedural requirements, and that it contained fair and reasonable terms and conditions for the employees. The court also found that the agreement was in the best interests of the employees, and that it complied with the provisions of the Act. The court approved the agreement and ordered that it be registered with the Fair Work Commission. This decision provides a clear example of the process for approving enterprise agreements under the Fair Work Act, and the criteria that the court will consider in making its decision.

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