Construction, Forestry, Mining and Energy Union

[2013] FWCA 2292

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/864)

GLASS TRENDS PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 15 APRIL 2013

Application for approval of the Glass Trends Pty Ltd and CFMEU - FFPD Enterprise Agreement 2011-2015

[1] An application has been made for approval of a single-enterprise agreement known as the Glass Trends Pty Ltd and CFMEU - FFPD 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 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 22 April 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Glass Trends Pty Ltd, with the Fair Work Commission (FWC) acting as the court. The dispute centred on the application for approval of the Glass Trends Pty Ltd and CFMEU - Fair Pay and Conditions (FFP) Enterprise Agreement 2011-2015. The primary issue before the court was whether the enterprise agreement, which had been negotiated and entered into between the parties, complied with the relevant provisions of the Fair Work Act 2009 (Cth).

The court examined whether the agreement contained all the required minimum terms and conditions as set out in the Act, as well as any other provisions that were necessary to ensure fairness and compliance with the statutory framework. The court also considered the process through which the agreement had been negotiated and whether it had been entered into in good faith. The CFMEU argued that the agreement was fair and reasonable, while Glass Trends Pty Ltd contended that certain provisions were not in line with the Act and should not be approved.

The Fair Work Commission found that the agreement was compliant with the Fair Work Act and approved it on the basis that it contained all the required minimum terms and conditions, as well as additional provisions that were necessary for fairness. The court also found that the agreement had been negotiated in good faith and that it did not contain any provisions that would undermine the objectives of the Act. The FWC concluded that the agreement was fair and reasonable and approved it accordingly.

In light of the findings, the Fair Work Commission approved the Glass Trends Pty Ltd and CFMEU - FFPD Enterprise Agreement 2011-2015, effective from the date of the decision. The parties were bound by the terms and conditions of the approved agreement, and it was to be applied in accordance with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established