DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1591)

GLASS 2 GO PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 MAY 2017

Application for approval of the Glass 2 Go Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Glass 2 Go 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union, the applicant, and Glass 2 Go Pty Ltd, the respondent, the Fair Work Commission was tasked with approving the enterprise agreement between the parties. The dispute centred around whether the agreement met the requisite standards under the Fair Work Act 2009.

The central legal issue before the Commission was whether the terms of the enterprise agreement were procedurally and substantively compliant with the statutory requirements for approval. This involved assessing if the agreement was made in good faith and if it met the criteria for being a "better off overall test" (BOOT) agreement. The Commission also needed to consider whether the agreement adequately protected employees' rights and interests.

The Fair Work Commission found that the enterprise agreement was procedurally valid, having been negotiated in good faith and with appropriate employee participation. The Commission also determined that the agreement passed the BOOT test, providing employees with better overall terms and conditions than those under the applicable award. The Commission was satisfied that the agreement provided adequate protections for employees and did not unfairly disadvantage them. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Glass 2 Go Pty Ltd and CFMEU Enterprise Agreement 2016, recognising it as a valid and compliant enterprise agreement under the Fair Work Act 2009. The agreement was set to commence on the date of the decision and would govern the employment conditions of the employees 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