DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/321)

GRANGE GLASS AND ALUMINIUM PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 MARCH 2015

Application for approval of the Grange Glass & Aluminium Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Grange Glass & Aluminium Pty Ltd / CFMEU Collective Agreement 2014 - 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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMU) sought approval for a collective agreement with Grange Glass & Aluminium Pty Ltd (Grange) for the period 2014 to 2017. The matter was heard by the Fair Work Commission (FWC). The primary dispute centred around the compliance of the collective agreement with the Fair Work Act 2009 and the broader implications for the working conditions and rights of employees under the agreement.

The legal issues the court had to address included whether the agreement complied with the mandatory requirements of the Act, including the 'better off overall test' (BOOT), and whether the agreement fairly represented the interests of the employees. Specifically, the court needed to ensure that the agreement provided for wages and conditions that were at least as good as those provided under the relevant award or modern award, and that it did not unreasonably discriminate against any group of employees.

The FWC found that the collective agreement met the statutory requirements and passed the BOOT. The court emphasised that the agreement improved wages and conditions for employees beyond what was provided in the applicable awards. The FWC also noted that the agreement contained provisions that were in the best interests of the employees, such as additional leave entitlements and provisions for dispute resolution. Given these findings, the court approved the collective agreement.

In its decision, the FWC ordered the approval of the Grange Glass & Aluminium Pty Ltd / CFMEU Collective Agreement 2014 - 2017, effective from 1 April 2014. The approval was subject to the terms and conditions outlined in the agreement.

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