Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/564)

CONTRACT GLASS & ALUMINIUM PTY LTD AND CFMEU (FFPD) ENTERPRISE BARGAINING AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 28 MARCH 2014

Application for approval of the Contract Glass & Aluminium Pty Ltd and CFMEU (FFPD) Enterprise Bargaining Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Contract Glass & Aluminium Pty Ltd and CFMEU (FFPD) Enterprise Bargaining Agreement 2012 (the Agreement), 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. 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 4 April 2014. The nominal expiry date of the Agreement is 15 August 2016.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and Glass & Aluminium Pty Ltd (G&A) applied for approval of their enterprise bargaining agreement, the Contract Glass & Aluminium Pty Ltd and CFMEU (FFPD) Enterprise Bargaining Agreement 2012. The matter was heard in the Fair Work Commission. The dispute centred on whether the agreement met the formal requirements for approval under the Fair Work Act 2009 and whether it complied with the provisions for good faith bargaining and the protection of employee interests.

The court had to determine if the agreement was genuinely negotiated and if it included minimum terms as required by law. It was also necessary to examine whether the agreement contained terms that were unfair or did not meet the standards of procedural fairness. Additionally, the court assessed if the agreement provided adequate protections for employees' rights and interests.

The Fair Work Commission found that the agreement was genuinely negotiated in good faith and included all required minimum terms. It also determined that the agreement did not contain any unfair terms and was procedurally fair. Consequently, the agreement was approved, ensuring that the rights and interests of the employees were adequately protected within the terms of the agreement.

The final orders included the approval of the Contract Glass & Aluminium Pty Ltd and CFMEU (FFPD) Enterprise Bargaining Agreement 2012, effective from the date of the decision. The agreement was to be registered and published as required by law, ensuring its enforceability and transparency in the workplace.

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