DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2472)

MENZEL GLASS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 JULY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Menzel 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 13 July 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

The case before the Fair Work Commission involved an application for the approval of the Menzel Glass Pty Ltd and CFMEU Enterprise Agreement 2016. The applicant, Menzel Glass, sought the approval of the enterprise agreement which was negotiated with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the agreement provided for the proper operation of the enterprise, and whether it contained provisions that were contrary to public policy or contrary to the provisions of the Fair Work Act. Specifically, the Commission needed to determine if certain clauses within the agreement, which related to pay rates, conditions of employment, and dispute resolution mechanisms, were fair and reasonable in the context of the enterprise's operations.

The Fair Work Commission examined the provisions of the agreement and found that the agreement provided for the proper operation of Menzel Glass, taking into account the nature of the business and the bargaining power of the parties. The Commission noted that the agreement contained provisions that were necessary for the smooth operation of the enterprise, including detailed terms regarding pay rates, hours of work, and other employment conditions. Furthermore, the Commission determined that none of the clauses were contrary to public policy or the provisions of the Fair Work Act. The Commission was satisfied that the agreement provided adequate protections for employees and that the dispute resolution mechanisms were appropriate for the enterprise.

The Fair Work Commission approved the Menzel Glass Pty Ltd and CFMEU Enterprise Agreement 2016, determining that it met all legal requirements for approval. The agreement was therefore registered, and the terms and conditions set out within it became binding on the parties.

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