DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6915)

RMS GLAZING & ALUMINIUM PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the RMS Glazing & Aluminium Pty Ltd / CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the RMS Glazing & Aluminium Pty Ltd / CFMEU Collective Agreement 2016-2017 (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 24 November 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of a collective agreement between RMS Glazing & Aluminium Pty Ltd and the union for the period 2016-2017. The Fair Work Commission heard the application and was tasked with determining whether the agreement complied with the relevant legislative framework. The central issue before the Commission was whether the collective agreement met the criteria set out in the Fair Work Act 2009, particularly whether it was made in good faith and for the purpose of establishing the terms and conditions of employment. The Commission had to consider whether the agreement was procedurally sound and substantively fair.

The Commission examined the evidence and submissions provided by both parties. It considered the process by which the agreement was negotiated and whether it involved genuine bargaining. The Commission also assessed whether the terms of the agreement were reasonable and not detrimental to the employees' interests. In reaching its decision, the Commission applied the principles of good faith bargaining and the overall fairness of the agreement. The Commission concluded that the agreement was made in good faith and that its terms were fair and reasonable, thereby meeting the statutory requirements.

As a result, the Fair Work Commission approved the RMS Glazing & Aluminium Pty Ltd / CFMEU Collective Agreement 2016-2017. The decision was based on the finding that the agreement was the product of genuine bargaining and that its terms were fair and reasonable. The Commission’s approval ensures that the agreement is legally enforceable and can be used to govern the employment conditions 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