Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 4600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1667)

AT CALL GLASS & ALUMINIUM AND CFMEU - FFPD ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 9 JULY 2014

Application for approval of the At Call Glass & Aluminium and CFMEU - FFPD Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the At Call Glass & Aluminium and CFMEU - FFPD 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 Construction, Forestry, Mining and Energy Union (the Applicant).

[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 Construction, Forestry, Mining and Energy Union, 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 16 July 2014. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for the approval of the At Call Glass & Aluminium and CFMEU - FFPD Enterprise Agreement 2011-2015. This application arose following the conclusion of a bargaining process between the union and the employer, At Call Glass & Aluminium. The dispute centred around the terms and conditions of employment as stipulated in the proposed agreement, with specific focus on whether the agreement met the requirements under the Fair Work Act 2009.

The legal issues before the Court were primarily whether the enterprise agreement was made in good faith, if it contained the necessary safety net terms, and if it complied with procedural fairness. Additionally, the Court had to determine if the agreement provided fair and reasonable terms for employees and whether it included adequate provisions for the protection of vulnerable employees. The union argued that the agreement was fairly negotiated and comprehensive in its coverage, while At Call Glass & Aluminium contended that certain clauses were not in the best interest of the company and its employees.

In its reasoning, the Court considered the procedural integrity of the bargaining process and the substance of the agreement. It found that the union and the employer had engaged in genuine negotiations and that the agreement contained all the mandated safety net terms. The Court also concluded that the agreement was fair and reasonable for the employees and included adequate protections for vulnerable workers. Consequently, the Court approved the enterprise agreement, highlighting the balance struck between the rights and obligations of both the employer and the employees.

The final orders of the Court mandated the approval of the At Call Glass & Aluminium and CFMEU - FFPD Enterprise Agreement 2011-2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and both parties were directed to adhere to its terms and conditions. The Court’s decision underscored the importance of ensuring fair and balanced industrial agreements that protect the interests of all stakeholders involved.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established