DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2792)

B T WINDOWS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 SEPTEMBER 2017

Application for approval of the B T Windows Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the B T Windows Pty Ltd and CFMEU Enterprise Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union, the Federal Court of Australia was presented with an application for approval of the B T Windows Pty Ltd and CFMEU Enterprise Agreement 2016. The dispute arose from the negotiation and subsequent approval process of the enterprise agreement between the employer, B T Windows Pty Ltd, and the union, the Construction, Forestry, Mining and Energy Union. The application for approval was contested by certain employees who argued that the agreement did not meet the necessary standards for endorsement under the Fair Work Act 2009. The court was required to determine whether the agreement complied with the statutory requirements for approval and whether it was fair and reasonable in all its terms.

The primary legal issues before the court involved the interpretation and application of sections 232 and 233 of the Fair Work Act 2009. Specifically, the court had to ascertain whether the enterprise agreement was procedurally valid and substantively fair. Procedurally, the court examined whether the agreement was genuinely negotiated and whether the union had followed appropriate processes. Substantively, the court assessed the fairness of various provisions, including those relating to wages, hours of work, and other conditions of employment. The court also considered submissions from the employees who contested the agreement, focusing on whether the terms unfairly disadvantaged them.

The court, after reviewing the evidence and submissions, determined that the enterprise agreement was procedurally valid as it was genuinely negotiated between the parties. The court found that the union had followed the necessary processes and that the agreement was not prejudicial to the employees. The court further concluded that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. The court held that the application for approval should be granted, and the enterprise agreement was thus approved as meeting the statutory requirements.

The final orders of the court included the approval of the B T Windows Pty Ltd and CFMEU Enterprise Agreement 2016, dismissing the objections raised by the employees. The court emphasised the importance of the agreement in providing a fair and reasonable framework for the employees' employment conditions. The decision underscored the court's role in ensuring that enterprise agreements comply with the legislative standards for fairness and genuine negotiation.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established