DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union – Forestry, Furnishing, Building Products & Manufacturing Division T/A CFMEU - FFPD
(AG2017/3310)

RMD GLASS & GLAZING AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 SEPTEMBER 2017

Application for approval of the RMD Glass & Glazing and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RMD Glass & Glazing 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 – Forestry, Furnishing, Building Products & Manufacturing Division T/A CFMEU - FFPD. 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 26 September 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union – Forestry, Furnishing, Building Products & Manufacturing Division, trading as the CFMEU-FFPD, and RMD Glass & Glazing. The union sought approval of the Enterprise Agreement between the parties, dated 2016. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The matter was heard and determined in the Fair Work Commission, the body responsible for resolving workplace disputes and overseeing the enforcement of workplace laws.

The central legal issue for the Commission to decide was whether the Enterprise Agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement satisfied the 'better off overall test', which requires that employees covered by the agreement be no worse off financially than they would be under their previous conditions of employment. The Commission also needed to assess whether the agreement was made in good faith and followed proper procedural requirements, including whether there was genuine bargaining between the parties.

In delivering its decision, the Commission thoroughly examined the evidence presented by both parties. The Commission found that the agreement did meet the better off overall test and was made in good faith. It also concluded that the bargaining process adhered to the necessary procedural requirements. The Commission highlighted the importance of the agreement in providing improved conditions for the employees, including better pay and conditions, and ensuring stability in the workplace. The Commission approved the Enterprise Agreement, finding that it was fair and appropriate for the employees covered by it.

The final orders of the Commission included the approval of the RMD Glass & Glazing and CFMEU Enterprise Agreement 2016, effective from the date of the decision. The Commission mandated that the agreement be registered with the Fair Work Commission and that it would apply to the relevant employees from the specified commencement date. The Commission also directed that any disputes arising from the agreement would be handled in accordance with the Fair Work Act.

Construction, Forestry, Mining and Energy Union – Forestry, Furnishing, Building Products & Manufacturing Division T/A CFMEU - FFPD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established