DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1944)

J & J GLASS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the J & J Glass Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the J & J Glass Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 March 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the J & J Glass Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was opposed by J & J Glass Pty Ltd who claimed the agreement did not meet the requirements of section 231 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement was in the interests of employees and employers and whether it met the requirements of the Fair Work Act.

The Commission considered the parties' submissions and the provisions of the agreement. It found that the agreement provided for the fair and efficient resolution of workplace disputes, and for the efficient and productive use of labour. The agreement also provided for the fair and efficient use of labour by allowing for the variation of working hours and the use of labour-hire arrangements. The Commission determined that the agreement met the requirements of section 231 of the Fair Work Act and approved the agreement.

The Fair Work Commission approved the J & J Glass Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission found that the agreement met the requirements of the Fair Work Act and was in the interests of employees and employers. The agreement provided for the fair and efficient resolution of workplace disputes, and for the efficient and productive use of labour. The agreement also provided for the fair and efficient use of labour by allowing for the variation of working hours and the use of labour-hire arrangements.

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