Construction, Forestry, Mining and Energy Union

[2013] FWCA 1662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/545)

TT GLASS & CAULKING PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2011-2015

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 18 MARCH 2013

Application for approval of the TT Glass & Caulking 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 TT Glass & Caulking 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) 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 25 March 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 matter before the court was an application for the approval of an enterprise agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and TT Glass & Caulking Pty Ltd. The case was heard by the Fair Work Commission (FWC), which is the body responsible for approving enterprise agreements under the Fair Work Act 2009 (Cth). The dispute centred on whether the proposed agreement complied with the legal requirements for such agreements and whether it was made in good faith.

The key legal issues that the FWC had to address included whether the agreement was genuinely negotiated between the parties, whether it was free from any improper influence or coercion, and whether it met the minimum entitlements set out in the relevant award or safety net award. Additionally, the FWC had to consider whether the agreement provided for a proper mechanism for dispute resolution. The FWC also needed to ensure that the agreement did not discriminate against any particular group of employees and that it was consistent with the objects of the Fair Work Act.

After examining the evidence and submissions from both parties, the FWC determined that the agreement met all the necessary legal requirements. The FWC found that the agreement was genuinely negotiated, free from any improper influence or coercion, and that it complied with the minimum entitlements provided in the relevant award. The FWC also noted that the agreement included a proper mechanism for dispute resolution and did not discriminate against any particular group of employees. The FWC was satisfied that the agreement was made in good faith and was consistent with the objects of the Fair Work Act. Consequently, the FWC approved the proposed enterprise agreement.

The final orders of the FWC were that the TT Glass & Caulking Pty Ltd and CFMEU - FFPD Enterprise Agreement 2011-2015 was approved and registered under the Fair Work Act 2009 (Cth). This approval meant that the agreement would be legally binding on both parties and would govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established