DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/896)

STEVENS 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 Stevens Glass Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stevens 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] 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 10 April 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

The matter before the court involved an application for approval of the Stevens Glass Pty Ltd and CFMEU Enterprise Agreement 2016. The applicant, the Construction, Forestry, Mining and Energy Union, sought to have the agreement recognised and enforced under the Fair Work Act 2009. The legal dispute centred on whether the agreement met the necessary criteria for approval, including whether it provided for the proper negotiation of terms and conditions of employment. The court was required to examine the process through which the agreement was formed, as well as its content, to ensure it complied with the statutory requirements.

The court considered the processes and procedures followed in the negotiation and drafting of the agreement. It was necessary to determine if the agreement had been made in good faith and if there was genuine negotiation between the parties. The court also assessed whether the agreement contained terms that were fair and reasonable, taking into account the nature of the industry and the rights and obligations of the parties. Additionally, the court had to ensure that the agreement did not contravene any existing laws or regulations.

After a thorough review of the evidence and arguments presented, the court found that the agreement had been negotiated in good faith and contained terms that were fair and reasonable. The court was satisfied that the process followed complied with the statutory requirements and that the agreement met the necessary criteria for approval. Consequently, the court granted the application for approval of the enterprise agreement.

The final orders of the court included the approval of the Stevens Glass Pty Ltd and CFMEU Enterprise Agreement 2016, recognising it as a registered agreement under the Fair Work Act 2009. This decision allows the agreement to be enforced and provides a framework for the terms and conditions of employment between the parties for the specified period.

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