DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/440)

RMD GLASS AND GLAZING AND CFMEU - FFPD ENTERPRISE AGREEMENT 2014-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 10 MARCH 2015

Application for approval of the RMD Glass and Glazing and CFMEU - FFPD Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the RMD Glass and Glazing and CFMEU - FFPD Enterprise Agreement 2014-2015 (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 17 March 2015. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the RMD Glass and Glazing and CFMEU - FFPD Enterprise Agreement 2014-2015. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the enterprise agreement, which was intended to regulate the terms and conditions of employment for workers in the glass and glazing industry. The dispute centred around the fairness and effectiveness of the proposed agreement in providing equitable terms and conditions for employees while also considering the rights and interests of employers.

The primary legal issues the court was required to decide involved the fairness and procedural correctness of the proposed enterprise agreement. The court had to determine whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was fair and reasonable in terms of the terms and conditions it proposed for employees. The court also needed to examine whether the agreement had been genuinely bargained and whether the process followed in reaching the agreement was appropriate and compliant with the relevant legislation.

In delivering the decision, the Fair Work Commission considered the evidence presented by both parties and assessed the agreement against the statutory criteria for approval. The court found that the agreement met the requirements for procedural fairness, as the bargaining process was genuine and appropriate. The commission determined that the proposed terms and conditions were fair and reasonable, taking into account the needs of both employees and employers. The court approved the enterprise agreement, recognising its potential to provide a balanced and equitable framework for the glass and glazing industry.

The final orders of the court included the approval of the RMD Glass and Glazing and CFMEU - FFPD Enterprise Agreement 2014-2015, subject to certain conditions and modifications to ensure its compliance with the Fair Work Act 2009. The court mandated that the agreement be implemented in accordance with the statutory provisions and that any disputes arising from its interpretation or application be resolved through the appropriate dispute resolution mechanisms provided for 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