DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7078)

JAMO’S GLASS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Jamo’s Glass Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a greenfields agreement known as the Jamo’s Glass Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 Construction, Forestry, Mining and Energy Union are 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of a collective agreement between the union and Jamo’s Glass Pty Ltd for the period 2015-2019. The Fair Work Commission (FWC) was the court that heard the matter. The union sought approval of the agreement, which had been negotiated between the parties and was intended to govern the terms and conditions of employment for employees of Jamo’s Glass Pty Ltd.

The legal issues before the FWC were whether the agreement met the requirements for approval under the Fair Work Act 2009 (Cth). Specifically, the FWC had to determine if the agreement provided for a safety net of minimum entitlements, and if it did not provide for the mandatory matters set out in section 231 of the Act. The union argued that the agreement met all necessary requirements and provided for a fair and reasonable safety net for employees. The employer, Jamo’s Glass Pty Ltd, did not contest the agreement but highlighted some concerns about specific provisions.

The FWC found that the agreement provided for a safety net of minimum entitlements and did not contravene the requirements set out in section 231 of the Fair Work Act. The FWC considered the overall fairness of the agreement, the negotiation process, and the provisions for employee representation and dispute resolution. The FWC approved the agreement, finding that it met the necessary requirements for registration and was in the best interests of the employees.

The FWC made an order approving the Jamo’s Glass Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The agreement was registered and became a registered agreement under the Fair Work Act, governing the terms and conditions of employment for employees of Jamo’s Glass Pty Ltd for the specified period. The union and employer were bound by the terms of the agreement, which provided for a safety net of minimum entitlements and addressed the mandatory matters set out in the Act.

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