DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2660)

808 DESIGN GLASS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 JULY 2017

Application for approval of the 808 Design Glass Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the 808 Design Glass 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 31 August 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 this case, the Construction, Forestry, Mining and Energy Union sought approval for the 808 Design Glass Pty Ltd and CFMEU Enterprise Agreement 2016. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary dispute centred on whether the enterprise agreement met the criteria for registration as a modern award, specifically focusing on whether it provided for the payment of wages and conditions that were no less favourable than those provided by the relevant modern award.

The court had to determine if the agreement provided for the minimum entitlements as stipulated by the relevant modern awards, and if it met the criteria for registration under section 233 of the Act. This included ensuring that the agreement was fair and suitable for the workers it covered and that it contained provisions for the payment of wages, conditions, and other terms that were no less favourable than those set out in the applicable modern awards. The court also had to consider whether the agreement was made in good faith and without coercion.

The FWC approved the agreement, finding that it provided for terms and conditions that were no less favourable than those set out in the relevant modern awards. The decision emphasised that the agreement appropriately referenced the modern awards and did not include any terms that were less favourable to the employees. The FWC was satisfied that the agreement was made in good faith and without coercion, and it met the statutory requirements for registration. The court noted the importance of the agreement in providing a fair and balanced framework for the employees within the industry.

The final orders confirmed the approval of the 808 Design Glass Pty Ltd and CFMEU Enterprise Agreement 2016, subject to the terms being no less favourable than those provided by the relevant modern awards. The agreement was registered and came into effect as of the date of the decision.

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