Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2036)

MENZEL GLASS PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 26 JULY 2013

Application for approval of the Menzel Glass Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Menzel Glass Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012-2015 (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 2 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of an enterprise agreement between Menzel Glass Pty Ltd and the Construction, Forestry, Mining and Energy Union. The union sought to have the agreement, which was entered into for the period 2012-2015, registered as a lawful and binding document. The primary dispute centred on whether the agreement complied with all relevant statutory requirements and whether it met the criteria for being deemed a "fair and portable" agreement.

The legal issues that the commission had to resolve included whether the agreement had been made in accordance with the Fair Work Act 2009, whether it contained the necessary provisions for employee representation, and if the agreement was free from any unfair content that might disadvantage employees. Additionally, the commission needed to ensure that the agreement was portable, meaning it could be transferred to new employees under specific circumstances as outlined by the Act.

In delivering its decision, the commission found that the agreement met all the statutory requirements set out in the Fair Work Act. The commission was satisfied that the agreement was made without coercion, that it contained adequate provisions for employee representation, and that it did not include any unfair content. The agreement was deemed portable as it included provisions for the transfer of employees to new employers under the circumstances prescribed by the Act. Consequently, the commission approved the agreement and ordered that it be registered, making it a binding contract between the parties.

The final orders of the commission included the approval and registration of the Menzel Glass Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012-2015. The agreement was recognised as a lawful and binding contract that would govern the employment conditions of the employees covered by the agreement. The decision ensured that the terms and conditions set out in the agreement would be enforceable in accordance with the provisions of the Fair Work Act.

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