Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/1468)

HIGHMONT GLASS PTY LTD AND CFMEU (FFTS BRANCH) ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 19 JUNE 2013

Application for approval of the Highmont Glass 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 Highmont Glass 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 26 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of an enterprise agreement between Highmont Glass Pty Ltd and the Construction, Forestry, Mining and Energy Union (FFTS Branch) for the period 2011-2015. The application was made under the Fair Work Act 2009, which mandates that certain criteria be met for an enterprise agreement to be approved and registered by the Fair Work Commission. These criteria include ensuring that the agreement provides for fair and reasonable terms and conditions, is free from any unlawful content, and has been made in good faith.

The primary legal issues that the Fair Work Commission had to address were whether the agreement was made in good faith, free from unlawful content, and provided for fair and reasonable terms and conditions. The Commission also needed to consider whether the agreement complied with the procedural requirements outlined in the Fair Work Act, including whether it was made with appropriate employee and employer representation. The Commission examined submissions and evidence provided by both the union and the employer, as well as any other relevant parties, to determine whether the agreement met the statutory requirements.

In its decision, the Fair Work Commission found that the enterprise agreement was made in good faith and was free from unlawful content. The Commission considered the evidence presented and concluded that the terms and conditions of the agreement were fair and reasonable. The Commission also noted that the procedural requirements of the Fair Work Act were followed, with appropriate representation from both the employer and the employees. Consequently, the Fair Work Commission approved and registered the enterprise agreement, which will now govern the employment terms and conditions between Highmont Glass Pty Ltd and the union for the specified period.

The Fair Work Commission’s approval and registration of the enterprise agreement means that it will be legally binding on both the employer and the employees covered by the agreement. This decision ensures that the terms and conditions of employment are fair and reasonable and that the agreement complies with the statutory requirements set out in 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