DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1096)

ZONE FRAMELESS DOORS AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 APRIL 2017

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

[1] An application has been made for approval of a greenfields agreement known as the Zone Frameless Doors 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 14 April 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 the Construction, Forestry, Mining and Energy Union (CFMEU) and Zone Frameless Doors. The dispute centred on the application for approval of the Union Collective Agreement 2015-2019. The CFMEU sought to have the agreement recognised as a lawful and appropriate instrument under the Fair Work Act 2009. The disagreement arose from the interpretation and application of the provisions of the Act concerning the approval of such agreements.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether the process by which the agreement was made adhered to the statutory obligations. Specifically, the Commission had to determine whether the agreement was genuinely negotiated between the parties, whether it contained the necessary minimum terms and conditions, and whether it was fair and reasonable. The CFMEU argued that the agreement was a product of genuine bargaining and met all legislative requirements, while Zone Frameless Doors contended that certain provisions of the agreement were not fairly negotiated and did not meet the minimum standards prescribed by the Act.

The Commission meticulously examined the evidence presented by both parties and the content of the collective agreement. It found that the agreement was indeed the product of genuine bargaining and that all parties involved in the negotiation process had acted in good faith. The Commission also concluded that the agreement contained all the minimum terms and conditions required by the Act. Furthermore, the provisions of the agreement were deemed to be fair and reasonable, taking into account the economic and industrial context in which the agreement was made. Consequently, the Commission approved the application for the collective agreement to be recognised as a lawful and appropriate instrument under the Fair Work Act.

The Fair Work Commission approved the application for the recognition of the Zone Frameless Doors and CFMEU Union Collective Agreement 2015-2019. The decision was based on the findings that the agreement was genuinely negotiated, contained all the necessary minimum terms and conditions, and was fair and reasonable. The Commission's approval ensures that the agreement will now serve as a binding contract between the employer and the employees, subject to the provisions of the Fair Work Act.

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