DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6524)

CELTIC GLASS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building services
COMMISSIONER GREGORY	MELBOURNE, 25 OCTOBER 2016

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

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

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Celtic Glass Pty Ltd and CFMEU Enterprise Agreement 2016 before the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for approval, particularly in relation to the provisions concerning the introduction of new technology and its impact on employment conditions. The commission was tasked with ensuring that the agreement was fair and appropriate in all respects, including its compliance with the Fair Work Act 2009.

The legal issues before the commission included whether the agreement provided for appropriate mechanisms to manage the introduction of new technology, ensuring that any potential adverse effects on employees were adequately addressed. Additionally, the commission had to determine whether the agreement complied with the requirements for proper notice periods and the appropriate treatment of employees affected by technological changes. The commission also considered whether the agreement provided sufficient protections for employees in terms of consultation and redundancy provisions.

The commission found that the agreement was fair and appropriate, meeting the statutory requirements for approval. It concluded that the agreement provided adequate mechanisms to manage the introduction of new technology and included proper notice periods and redundancy provisions. The commission also noted that the agreement offered appropriate protections for employees through effective consultation processes. Consequently, the commission approved the agreement, recognising its balance between the interests of the employer and the workforce in light of technological advancements.

The final orders included the approval of the Celtic Glass Pty Ltd and CFMEU Enterprise Agreement 2016, effective from the date of the decision. The commission's approval was based on the agreement's compliance with the Fair Work Act 2009 and its provisions for managing technological changes in a fair and reasonable manner.

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