DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3106)

RAC GLAZING PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 AUGUST 2017

Application for approval of the RAC Glazing Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the RAC Glazing Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2017. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union, acting as the employer's representative, applied for the approval of the RAC Glazing Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020. The application was brought before the Fair Work Commission, which is tasked with approving and overseeing enterprise agreements in Australia. The agreement in question was entered into between the employer, RAC Glazing Pty Ltd, and the union, CFMEU (WA), representing the employees.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009, including provisions relating to the good faith bargaining process and the content of the agreement itself. The Fair Work Commission considered whether the agreement had been fairly negotiated, whether it met the statutory minimum standards, and whether it contained any provisions that could be considered contrary to public policy or inconsistent with other industrial instruments.

The Fair Work Commission found that the enterprise agreement had been fairly negotiated in good faith and met all the statutory requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement had been negotiated without any unfair labour practices, coercion, or duress, and that it contained all necessary provisions in accordance with the Act. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or inconsistent with other industrial instruments.

As a result, the Fair Work Commission approved the RAC Glazing Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020, and it is now legally binding on the parties involved. The Commission's decision provides certainty to both the employer and employees regarding the terms and conditions of their employment and ensures that the agreement is consistent with the statutory requirements of the Fair Work Act 2009.

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