Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9744)

BRADFORD GLASS & ALUMINIUM PTY LTD AND CFMEU (FFTS BRANCH) ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 16 OCTOBER 2013

Application for approval of the Bradford Glass & Aluminium Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Bradford Glass & Aluminium Pty Ltd and CFMEU (FFTS Branch) 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).

[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 23 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Bradford Glass & Aluminium Pty Ltd. The dispute centred around the approval of an enterprise agreement between the two parties, specifically the Bradford Glass & Aluminium Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2011-2015. The application for approval of the agreement was brought before the court to ensure that it complied with the necessary legal requirements and provisions of the Fair Work Act 2009.

The primary legal issues the court had to address involved the examination of the enterprise agreement to determine if it met the criteria for approval under the Fair Work Act. This included verifying that the agreement had been made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Act. The court also needed to consider whether the agreement was free from any unlawful provisions and if it adequately addressed the interests of the employees covered by the agreement.

The court conducted a thorough analysis of the agreement, reviewing each clause and provision to ensure they aligned with the requirements of the Fair Work Act. It was established that the agreement had been negotiated in good faith and that it provided fair and reasonable terms and conditions for the employees. The court also found that the agreement complied with the relevant provisions of the Act and did not contain any unlawful provisions. Furthermore, it was determined that the agreement adequately addressed the interests of the employees, providing them with suitable protections and benefits. Consequently, the court approved the Bradford Glass & Aluminium Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2011-2015, confirming its compliance with the necessary legal requirements.

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