Construction, Forestry, Mining and Energy Union

[2013] FWCA 88

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2012/13141)

AJN GLASS & GLAZING AND CFMEU (FFTS BRANCH) ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 7 JANUARY 2013

Application for approval of the AJN Glass & Glazing and CFMEU (FFTS Branch) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the AJN Glass & Glazing and CFMEU (FFTS Branch) 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 the Construction, Forestry, Mining and Energy Union (CFMEU). The Agreement is a single-enterprise agreement.

[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 14 January 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, AJN Glass & Glazing, and the respondent, Construction, Forestry, Mining and Energy Union (FFTS Branch), were parties to an enterprise agreement. The agreement was subject to approval by the Fair Work Commission. The nature of the dispute was whether the enterprise agreement met the requirements of the Fair Work Act 2009 for registration and approval. The matter was heard in the Fair Work Commission.

The legal issues the court was required to decide included whether the agreement complied with the provisions of the Fair Work Act, particularly concerning the process for reaching the agreement and its fairness. The court also needed to determine if the agreement met the criteria for approval, such as whether it provided for the minimum terms and conditions of employment and whether it had been genuinely bargained.

The Fair Work Commission determined that the enterprise agreement was valid and met the necessary criteria for approval. The commission found that the process for reaching the agreement was legitimate and that the terms of the agreement were fair and reasonable. The commission also noted that the agreement provided for the minimum terms and conditions of employment and that it had been genuinely bargained. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission approved the AJN Glass & Glazing and CFMEU (FFTS Branch) Enterprise Agreement 2011-2015, finding it met the requirements of the Fair Work Act. This decision resolved the dispute between the parties and confirmed the validity of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established