DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6193)

BENDIGO GLASS AND ALUMINIUM PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 NOVEMBER 2016

Application for approval of the Bendigo Glass and Aluminium Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bendigo Glass and Aluminium 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] 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 9 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Bendigo Glass and Aluminium Pty Ltd and CFMEU Enterprise Agreement 2016. Bendigo Glass and Aluminium Pty Ltd (BGAL) opposed the application, arguing that the agreement contained terms that were not appropriately considered and approved by the union. The FWC was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved.

The central legal issues the FWC needed to resolve were whether the terms of the agreement were appropriately negotiated and approved by the union, and whether the agreement complied with the provisions of the Fair Work Act. Specifically, the FWC examined the process by which the union approved the agreement, and whether the terms were adequately communicated to the union members, including those in non-union roles. The court also considered whether the agreement met the criteria for being a single, indivisible document.

In its decision, the FWC found that the union had not followed the correct process in approving the agreement, as it had not adequately considered the views of all its members, including those not represented by the union. The FWC determined that the union had failed to properly communicate the terms of the agreement to all members and that the approval process was flawed. Consequently, the FWC did not approve the agreement. The FWC emphasised the importance of ensuring that all union members had an opportunity to be heard and that the union followed proper procedures in approving an enterprise agreement.

The FWC's decision highlighted the need for unions to ensure that all members are appropriately consulted and that the process of approving an enterprise agreement is transparent and fair. The FWC's ruling underscored the importance of adherence to the statutory requirements for the approval of enterprise agreements.

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