DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/816)

ROMAN GLASS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Roman 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 10 April 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Roman Glass Pty Ltd and CFMEU Enterprise Agreement 2016. The agreement was contested on the grounds that it did not comply with certain Fair Work Act provisions. The Fair Work Commission was the tribunal tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues before the Commission involved whether the enterprise agreement complied with the procedural and substantive requirements under the Fair Work Act. Procedurally, the Commission needed to assess whether the agreement had been made in good faith and whether the necessary procedural steps had been followed. Substantively, the Commission had to determine if the agreement's provisions were fair and reasonable in all respects. This included examining the impact of the agreement on employees and employers, as well as its consistency with relevant national employment standards.

The Commission found that the agreement had been made in good faith and followed the necessary procedural steps. However, certain provisions within the agreement were deemed to be unfair, particularly those concerning shift penalties and the handling of work-related injuries. These provisions were found to create an imbalance in the employer-employee relationship, disadvantaging the employees. Consequently, the Commission did not grant approval for the enterprise agreement, citing these unfair provisions as the primary reason.

The Fair Work Commission's final orders were that the Roman Glass Pty Ltd and CFMEU Enterprise Agreement 2016 did not meet the legal standards required for approval. The Commission mandated that the agreement be amended to address the identified unfair provisions before it could be reconsidered for approval.

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