Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 3510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1178)

QUALITY SHOWER INSTALLATIONS T/A SAFETY GLASS SHOWER SCREENS AND CFMEU - FFPD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 27 MAY 2014

Application for approval of the Quality Shower Installations t/a Safety Glass Shower Screens and CFMEU - FFPD Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Quality Shower Installations t/a Safety Glass Shower Screens and CFMEU - FFPD Enterprise Agreement 2014 (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 2 June 2014. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union, sought approval for the Quality Shower Installations t/as Safety Glass Shower Screens and CFMEU - FFPD Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for workers under the proposed agreement. The Fair Work Commission, Australia's industrial relations tribunal, heard the application.

The primary legal issue was whether the terms of the proposed enterprise agreement complied with the Fair Work Act 2009. This involved scrutiny of the agreement's provisions to ensure they met the statutory requirements for enterprise agreements, including provisions on pay and conditions, dispute resolution, and procedural fairness.

The Fair Work Commission assessed the agreement against these criteria, finding that it complied with the necessary legislative standards. The Commission approved the agreement, concluding that it met the requirements of the Act and provided for fair and reasonable terms and conditions for the employees covered by it. The approval was based on the findings that the agreement contained adequate provisions for pay and conditions, and that it did not contravene any statutory minima or unfair dismissal provisions.

The Fair Work Commission issued its decision approving the Quality Shower Installations t/as Safety Glass Shower Screens and CFMEU - FFPD Enterprise Agreement 2014. This approval means that the agreement can now be implemented, providing a legally binding framework for the employment terms and conditions of the workers 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