DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/10490)

NICKS & CUTS GLASS PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2014-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 13 JANUARY 2015

Application for approval of the Nicks & Cuts Glass Pty Ltd and CFMEU - FFPD Enterprise Agreement 2014-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Nicks & Cuts Glass Pty Ltd 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).

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

[3] The CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 20 January 2015. The nominal expiry date of the Agreement is 31 December 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and Nicks & Cuts Glass Pty Ltd applied for the approval of their Enterprise Agreement, dated 2014-2015. The application was heard by the Fair Work Commission (FWC), which has the authority to approve, reject, or make modifications to enterprise agreements. The applicants sought to have the agreement recognised as a lawful and binding arrangement between the parties.

The primary legal issues before the FWC were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether it complied with the "better off overall test" (BOOT). The BOOT requires that the agreement must be "at least" as good as the applicable national or industry award, including any benefits that would otherwise apply. The FWC also had to consider whether the agreement was fairly negotiated and if it provided for genuine collective bargaining.

In delivering its decision, the FWC considered the submissions from both parties and the evidence presented. The FWC determined that the agreement satisfied the requirements for approval, as it met the BOOT and was fairly negotiated. The FWC acknowledged the specific circumstances of the industry and the bargaining positions of the parties. The FWC also found that the agreement provided for genuine collective bargaining and did not disadvantage any party.

The FWC approved the Nicks & Cuts Glass Pty Ltd and CFMEU - FFPD Enterprise Agreement 2014-2015, subject to the terms and conditions set out in the decision. The agreement was to be registered with the Fair Work Ombudsman, and the parties were bound by its terms.

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