Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/815)

GLASS2GO PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 1 MAY 2014

Application for approval of the Glass2Go Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Glass2Go Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013-2015 (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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2014. The nominal expiry date of the Agreement is 30 June 2015.

ANNEXURE A

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to approve the Glass2Go Pty Ltd and CFMEU - Fixed-Term Project Determination Enterprise Agreement 2013-2015. This agreement, negotiated between the CFMEU and the employer, was intended to cover employees involved in specific glass installation projects. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically regarding the agreement's coverage, fairness, and compliance with relevant industrial standards.

The primary legal issue the Commission had to address was whether the enterprise agreement adequately covered the employees it purported to represent, ensuring that the agreement was not misleading or defective. Additionally, the Commission needed to determine if the agreement was fair and reasonable in all its terms, including provisions related to wages, hours of work, and other conditions of employment. The Commission also examined whether the agreement complied with the procedural requirements for approval, such as the proper bargaining process and whether any procedural defects could be cured.

In reaching its decision, the Commission considered the submissions from both parties and the evidence presented. The Commission found that the agreement did cover the intended employees and was not misleading. It concluded that the agreement was fair and reasonable, taking into account the nature of the work and the bargaining power of the parties. The Commission also determined that while there were procedural issues in the bargaining process, these could be rectified, and the overall fairness of the agreement was not compromised. Consequently, the Commission approved the enterprise agreement, subject to certain minor amendments to address the identified procedural issues.

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