Construction, Forestry, Mining and Energy Union

[2013] FWCA 8502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11003)

INSTALL ALUMINIUM AND GLASS TRUST (ATF) T/AS INSTALL ALUMINIUM AND GLASS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 OCTOBER 2013

Application for approval of the Install Aluminium and Glass Trust (ATF) T/As Install Aluminium and Glass Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Install Aluminium and Glass Trust (ATF) T/As Install Aluminium and Glass Pty Ltd and the CFMEU Building and Construction Industry 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 the Construction, Forestry, Mining and Energy Union (CFMEU). The Agreement is a single-enterprise agreement.

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

[3] The CFMEU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 November 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for approval of an enterprise agreement between the Install Aluminium and Glass Trust, trading as Install Aluminium and Glass Pty Ltd, and the Construction, Forestry, Mining and Energy Union. The dispute arose from the application of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, which require that certain enterprise agreements be approved by the Fair Work Commission before they can take effect. The applicant union sought to have the enterprise agreement approved, while the employer contested the application on several grounds.

The legal issues the court had to determine centred on whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The employer argued that the agreement failed to comply with several provisions of these Acts, including those relating to the negotiation process, the terms of the agreement, and the rights of employees. The union contended that the agreement was valid and should be approved, as it had been negotiated in good faith and contained terms that were fair and reasonable.

The court, in considering the arguments presented, found that the enterprise agreement was indeed compliant with the relevant statutory requirements. The court noted that the agreement had been negotiated in accordance with the law, and that its terms were fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. Consequently, the court approved the enterprise agreement, thereby allowing it to take effect as a legally binding contract between the employer and the union.

As a result of the court's decision, the Install Aluminium and Glass Trust (ATF) T/As Install Aluminium and Glass Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved. This decision meant that the terms and conditions set out in the agreement were now enforceable, providing a framework for the employment relationship between the employer and the employees represented by the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established