DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2666)

ZONE FRAMELESS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 JULY 2017

Application for approval of the Zone Frameless Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a greenfields agreement known as the Zone Frameless Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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 21 July 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Zone Frameless Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Collective Agreement 2015-2019. The applicant, Zone Frameless Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009, which governs the terms and conditions of employment in Australia. The CFMEU, representing the employees, opposed the application, arguing that certain provisions of the agreement did not meet the criteria for approval.

The central legal issues before the Commission were whether the collective agreement contained terms that were not genuinely bargained, and whether it provided for terms and conditions that were fair and reasonable. The Commission had to determine whether the agreement complied with the statutory requirements set out in the Fair Work Act, which includes ensuring that the agreement does not undermine the protection of workers' rights and that it meets the standards of procedural fairness and genuine bargaining.

The Fair Work Commission found that the collective agreement met the necessary criteria for approval. The Commission noted that the agreement was the result of genuine bargaining between the parties and that it contained terms that were fair and reasonable. The Commission concluded that the agreement did not undermine the protection of workers' rights and that it complied with the statutory requirements under the Fair Work Act. Consequently, the application for approval of the collective agreement was successful.

The Commission approved the Zone Frameless Pty Ltd and CFMEU Union Collective Agreement 2015-2019, thereby allowing it to come into effect. The Commission's decision provided clarity for both employers and employees regarding the terms and conditions of employment covered by the agreement.

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