DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5606)

THE OSTWALD FAMILY TRUST T/AS INTEGRITY GLAZING INNOVATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 DECEMBER 2016

Application for approval of The Ostwald Family Trust T/As Integrity Glazing Innovations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as The Ostwald Family Trust T/As Integrity Glazing Innovations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 20 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and The Ostwald Family Trust trading as Integrity Glazing Innovations Pty Ltd sought approval for the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The union and the employer disagreed on several aspects of the agreement, leading to the application for approval. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009, including that it provides for fair and reasonable terms and conditions and complies with the good faith bargaining requirement.

The key legal issues before the Commission were whether the agreement was genuinely negotiated in good faith and whether it provided for fair and reasonable terms and conditions. The Commission examined the bargaining process, the content of the agreement, and the context in which it was negotiated. It also considered whether the agreement met the standards set by the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was genuinely negotiated in good faith and provided for fair and reasonable terms and conditions. It concluded that the bargaining process was robust and that the agreement addressed the key issues between the parties. The Commission also found that the agreement met the standards set by the relevant legislation. Accordingly, the Commission approved the enterprise agreement.

The Commission's approval of the enterprise agreement resolves the dispute between the CFMEU and Integrity Glazing Innovations Pty Ltd. The agreement will now apply to the employees covered by the agreement and will set out their terms and conditions of employment for the period of the agreement.

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