Construction, Forestry, Mining and Energy Union

[2013] FWCA 1658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/543)

COMMERCIAL GLASS & CRANE SERVICES PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 18 MARCH 2013

Application for approval of the Commercial Glass & Crane Services 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 Commercial Glass & Crane Services 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 applicant, the Construction, Forestry, Mining and Energy Union, sought approval of the Commercial Glass & Crane Services Pty Ltd and CFMEU - FFPD Enterprise Agreement 2011-2015. The respondent, Commercial Glass & Crane Services Pty Ltd, opposed the application on various grounds, including that the agreement did not comply with the requirements of the Fair Work Act 2009. The case was heard by the Fair Work Commission, a tribunal with jurisdiction over workplace relations matters in Australia.

The key legal issues the Commission had to address were whether the agreement met the statutory criteria for approval under the Fair Work Act, specifically whether it was a genuine enterprise agreement, and whether it contained the minimum terms and conditions mandated by the Act. The Commission needed to examine if the agreement was made between employers and employees, if it was negotiated in good faith, and if it covered the appropriate bargaining unit. Additionally, the Commission had to ensure that the agreement included the minimum entitlements prescribed by the Act, such as minimum wages, penalty rates, and leave provisions.

In delivering its decision, the Commission found that the agreement satisfied the statutory requirements for approval. It was determined that the agreement was genuinely negotiated in good faith between the parties, covered the appropriate bargaining unit, and included all the mandated minimum terms and conditions. The Commission held that the agreement met the necessary criteria and was, therefore, eligible for approval. The application was subsequently approved, and the agreement was registered.

The Fair Work Commission approved the Commercial Glass & Crane Services Pty Ltd and CFMEU - FFPD Enterprise Agreement 2011-2015, finding that it met all statutory requirements for approval under the Fair Work Act 2009. The agreement was registered, and the terms and conditions outlined within it became legally binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established