DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction Glazing Pty Ltd
(AG2016/4983)

CONSTRUCTION GLAZING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 SEPTEMBER 2016

Application for approval of the Construction Glazing Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Construction Glazing Pty Ltd 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 Glazing Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2016. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Construction Glazing Pty Ltd, a company in the building and construction industry, applied to the Fair Work Commission for approval of its Enterprise Agreement 2016. The application was contested by the Building Construction General On-Site Workers Union of Australia, which argued that the agreement did not comply with certain provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval.

The central legal issues were whether the agreement provided for minimum rates of pay and conditions, and whether it contained a dispute resolution process that complied with the Act. Specifically, the union argued that the agreement did not set out minimum rates of pay for certain employees, and that the dispute resolution clause was not in the prescribed form. The company contended that the agreement was fair and reasonable, and that it provided for the necessary minimum standards.

The Fair Work Commission found that the agreement did provide for minimum rates of pay for all employees, although it noted that some of the rates were lower than those in the relevant award. The Commission also found that the dispute resolution clause was not in the prescribed form, but that this did not render the agreement invalid. The Commission concluded that the agreement was fair and reasonable, and approved it. The union's application for a stay of the approval was dismissed.

The Fair Work Commission approved the Construction Glazing Pty Ltd Enterprise Agreement 2016, dismissing the union's objections. The Commission found that the agreement provided for minimum rates of pay, and that the dispute resolution clause, while not in the prescribed form, did not render the agreement invalid. The union's application for a stay of the approval was also dismissed.

Construction Glazing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established