DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5981)

GLY INTERIORS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the GLY Interiors Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of a greenfields agreement known as the GLY Interiors Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (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 6 October 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement between GLY Interiors Pty Ltd and the CFMEU. The dispute was heard in the Fair Work Commission (FWC). The primary issue before the FWC was whether the proposed collective agreement met the legal standards set out in the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was genuinely a product of bargaining, whether it contained provisions that were unfair, and if it complied with the requirements for approval under the Act.

The FWC considered the process of negotiation and concluded that the agreement was genuinely a product of bargaining, as it was the result of a genuine negotiation process between the parties. The FWC also found that none of the provisions in the agreement were unfair, as they were reasonable in terms of the work to be performed by employees and the need to maintain a productive workplace. Finally, the FWC determined that the agreement complied with all the requirements for approval under the Act, including the provisions relating to employee protections and dispute resolution mechanisms.

Consequently, the FWC approved the GLY Interiors Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018, recognising its legitimacy and compliance with the legal framework. The approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between GLY Interiors Pty Ltd and the CFMEU for the duration of the agreement. The decision underscores the importance of genuine bargaining and the need for collective agreements to meet the statutory requirements for approval.

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