DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/237)

DYNAMIK GLAZING SYSTEMS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 FEBRUARY 2017

Application for approval of the Dynamik Glazing Systems Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dynamik Glazing Systems 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 20 February 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 Fair Work Commission was an application for approval of the Dynamik Glazing Systems Pty Ltd and Construction, Forestry, Mining and Energy Union Enterprise Agreement 2016. The dispute centred around the terms and conditions of employment for employees of Dynamik Glazing Systems Pty Ltd, a company involved in the glazing industry. The union sought to ensure fair and just terms of employment for its members, while the employer aimed to maintain operational efficiency and flexibility in its workforce.

The key legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically if it provided for fair and reasonable terms and conditions of employment. This involved examining if the agreement was free from any unlawful content, whether it dealt with the matters it purported to cover, and if it provided for the proper operation of businesses. Additionally, the Commission considered whether the agreement had been made in good faith and whether it provided for genuine bargaining.

The Commission found that the agreement met the statutory requirements for approval. It was determined that the agreement was free from unlawful content, dealt with the matters it purported to cover, and provided for the proper operation of businesses. The Commission also found that the agreement had been made in good faith and provided for genuine bargaining. Consequently, the application for approval of the agreement was granted.

The Fair Work Commission approved the Dynamik Glazing Systems Pty Ltd and Construction, Forestry, Mining and Energy Union Enterprise Agreement 2016. The approval was based on the findings that the agreement was free from unlawful content, dealt with the matters it purported to cover, provided for the proper operation of businesses, and was made in good faith with genuine bargaining. The agreement was thus deemed to provide fair and reasonable terms and conditions of employment for the employees of Dynamik Glazing Systems Pty Ltd.

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