DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glassworks (Aust) Pty Ltd
(AG2015/4880)

GLASSWORKS (AUST) PTY LTD AND CFMEU ENTERPRISE AGREEMENT - 2015-2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2015

Application for approval of the Glassworks (Aust) Pty Ltd and CFMEU Enterprise Agreement - 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Glassworks (Aust) Pty Ltd and CFMEU Enterprise Agreement - 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glassworks (Aust) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 17 September 2015 and, in accordance with s.54, will operate from 24 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Glassworks (Aust) Pty Ltd, along with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), applied to the Fair Work Commission for approval of their enterprise agreement covering the period 2015 to 2017. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009, particularly in relation to the requirement for a fair and accurate description of the employees’ working arrangements, and whether the agreement provided for appropriate mechanisms for resolving workplace issues. The application was heard by the Fair Work Commission, which had to determine whether the proposed agreement complied with the legal standards set out in the Act.

The court examined several key legal issues. First, it assessed whether the agreement accurately described the employees' working arrangements, including their duties, responsibilities, and conditions of employment. Second, the court considered if the agreement provided sufficient mechanisms for resolving workplace disputes, including provisions for negotiation, mediation, and arbitration. Third, the court had to determine if the agreement allowed for the fair treatment of employees, particularly in terms of equal opportunity and non-discrimination provisions. The court's decision hinged on whether these aspects of the agreement met the statutory requirements for approval.

The Fair Work Commission found that the Glassworks (Aust) Pty Ltd and CFMEU Enterprise Agreement met the necessary criteria for approval. The agreement was deemed to provide an accurate and fair description of the employees' working arrangements and included appropriate mechanisms for resolving workplace disputes. The commission also concluded that the agreement included provisions for equal opportunity and non-discrimination, thus ensuring fair treatment of all employees. Given these findings, the commission approved the agreement, finding it to be compliant with the requirements of the Fair Work Act 2009.

The Fair Work Commission's final order was that the Glassworks (Aust) Pty Ltd and CFMEU Enterprise Agreement for the period 2015 to 2017 be approved. This decision allowed the agreement to take effect, providing a legally binding framework for the employment relationship between the company and its employees during the specified period.

Glassworks (Aust) 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