Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/544)

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

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 18 MARCH 2013

Application for approval of the Stevens Glass 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 Stevens Glass 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

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CaseChat Overview and Summary

In the case concerning the application for approval of the Stevens Glass Pty Ltd and CFMEU - FFPD Enterprise Agreement 2011-2015, the Fair Work Commission was the tribunal tasked with making the decision. The matter arose from a submission by the Construction, Forestry, Mining and Energy Union (CFMEU) seeking approval of the enterprise agreement between Stevens Glass Pty Ltd and its employees, as per the Fair Work Act 2009. The CFMEU argued that the agreement was fair and appropriate for the employees it covered, while no objections were raised by Stevens Glass Pty Ltd.

The legal issues before the tribunal were whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, and if it met the "better off overall test" which required that employees be no worse off financially and, preferably, better off overall compared to the applicable award or registered agreement. Additionally, the tribunal needed to ensure that the agreement did not unfairly discriminate against any employee or group of employees.

The tribunal concluded that the agreement was fair and met the "better off overall test." The tribunal found that the agreement provided for improvements in pay and conditions for employees and was not in breach of any provisions of the Fair Work Act 2009. It was also determined that the agreement did not unfairly discriminate against any employee or group of employees. Consequently, the tribunal approved the enterprise agreement.

As a result of the tribunal's decision, the Stevens Glass Pty Ltd and CFMEU - FFPD Enterprise Agreement 2011-2015 was approved and registered, effective from the date of the decision. This outcome provided a legally binding framework for the employment conditions of the employees covered by the agreement, reflecting the negotiated terms between the employer and the union.

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