DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6331)

IND WINDOW FABRICATIONS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 OCTOBER 2016

Application for approval of the IND Window Fabrications Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the IND Window Fabrications 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] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 October 2016 and, in accordance with s.54, will operate from 2 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the IND Window Fabrications Pty Ltd and CFMEU Enterprise Agreement 2016. The company opposed the approval. The matter was heard in the Fair Work Commission (FWC). The primary dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the provisions that allow for individual flexibility arrangements (IFAs) within the enterprise agreement.

The key legal issues were whether the agreement's provisions allowing for IFAs were appropriately drafted and whether they complied with the statutory framework governing enterprise agreements. The company argued that the agreement's flexibility provisions were overly broad and could lead to significant erosion of employees' conditions. The CFMEU contended that the agreement was properly negotiated and compliant with the Act.

The FWC found that the agreement contained appropriately drafted IFA provisions that were consistent with the requirements of the Fair Work Act. The Commission considered the negotiation process, the nature of the IFAs, and their impact on employees. The FWC determined that the agreement was fair and balanced, and approved the enterprise agreement. The company's application to disallow the agreement was dismissed.

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