DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/824)

CONTRACT GLASS AND ALUMINIUM PTY LTD. AND CFMEU ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 19 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Contract Glass and Aluminium 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 26 April 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 matter before the court involved an application for the approval of the Contract Glass and Aluminium Pty Ltd. and the Construction, Forestry, Mining and Energy Union Enterprise Agreement 2016. The dispute centred on whether the agreement met the legal standards and requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the forum for this application.

The legal issues that the court had to address included whether the enterprise agreement was made in good faith, whether it complied with the "better off overall test," and if it contained all the necessary provisions as mandated by the Fair Work Act. Furthermore, the court had to consider whether the agreement was procedurally sound, including the question of whether proper consultation and bargaining processes were followed.

The court found that the enterprise agreement was made in good faith and met the better off overall test, ensuring that the employees were not worse off than they would have been under their previous conditions of employment. It also found that the agreement contained all the necessary provisions as required by the Fair Work Act and that the bargaining processes were conducted appropriately. The court was satisfied that there was sufficient consultation between the parties involved. Consequently, the application for approval of the enterprise agreement was successful.

The court approved the Contract Glass and Aluminium Pty Ltd. and CFMEU Enterprise Agreement 2016, setting a precedent for similar agreements in the future. This approval ensures that the agreement will legally bind the employer and employees, providing a framework for their working relationship.

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