DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7075)

RK GLASS PTY LTD / CFMEU GREENFIELDS AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 NOVEMBER 2016

Application for approval of the RK Glass Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise Agreement known as the RK Glass Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.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 the Construction, Forestry, Mining and Energy Union is 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 6 December 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMU) applied to the Fair Work Commission for approval of the RK Glass Pty Ltd/CFMU Greenfields Agreement 2016-2017. RK Glass Pty Ltd, an employer in the glass manufacturing industry, contested the application on the basis that the agreement contained provisions that were not in the employees' best interests and were not supported by the employees. The dispute was heard by the Fair Work Commission, which had jurisdiction under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees and if it was supported by a majority of the employees. The Commission also had to consider whether the agreement contained any provisions that were not in the employees' best interests, such as those relating to enterprise bargaining, the protection of employees' rights, and the resolution of workplace disputes.

The Commission found that the agreement did not meet the statutory criteria for approval. The evidence showed that the agreement was not in the best interests of the employees, as it contained provisions that were not supported by the employees and did not adequately protect their rights. The Commission also found that the agreement contained provisions that were not in the employees' best interests, such as those relating to the resolution of workplace disputes. As a result, the Commission refused to approve the agreement.

The Fair Work Commission refused the application for approval of the RK Glass Pty Ltd/CFMCU Greenfields Agreement 2016-2017. The Commission found that the agreement did not meet the statutory criteria for approval and that it was not in the best interests of the employees. The Commission also found that the agreement contained provisions that were not in the employees' best interests, such as those relating to the resolution of workplace disputes. The Commission's decision was based on the evidence presented and the statutory criteria set out in the Fair Work Act 2009.

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