DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4063)

DAYVIEW WINDOW COMPANY (AUST) PTY LTD AND CFMEU ENTERPRISE AGREEMENT2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 SEPTEMBER 2017

Application for approval of the Dayview Window Company (Aust) Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dayview Window Company (Aust) Pty Ltd and CFMEU Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. 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 Construction, Forestry, Mining and Energy Union 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 of the Act, will operate from 3 October 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Dayview Window Company (Aust) Pty Ltd and CFMEU Enterprise Agreement 2016. The application was made under section 231 of the Fair Work Act 2009. The dispute involved terms and conditions of employment for employees of Dayview, an Australian window manufacturing company, and the CFMEU, a trade union representing the employees. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees.

The legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act and whether it was in the best interests of the employees. Specifically, the Commission needed to assess if the agreement contained all the mandatory terms prescribed by the Act, if it provided for a fair and reasonable level of protection for employees, and if it had been genuinely negotiated between the parties. The CFMEU argued that the agreement was fair and reasonable and in the best interests of the employees, while Dayview contended that certain provisions were not in the best interests of the employees and were not genuinely negotiated.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement contained all the mandatory terms prescribed by the Fair Work Act and provided a fair and reasonable level of protection for employees. The Commission also found that the agreement had been genuinely negotiated between the parties. The Commission concluded that the agreement was in the best interests of the employees and approved the application for the agreement.

The Commission's final order was that the Dayview Window Company (Aust) Pty Ltd and CFMEU Enterprise Agreement 2016 be approved under section 231 of the Fair Work Act 2009. The agreement was to be registered with the Commission and would apply to employees of Dayview from the date of the decision.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established