| [2022] FWCA 3043 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Metrofab Commercial Windows & Doors Pty Ltd
(AG2022/3547)
METROFAB COMMERCIAL WINDOWS & DOORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 5 SEPTEMBER 2022 |
Application for approval of the Metrofab Commercial Windows & Doors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the Metrofab Commercial Windows & Doors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metrofab Commercial Windows & Doors Pty Ltd. The Agreement is a single enterprise agreement.
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.
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.
The Construction, Forestry, Maritime, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2022. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- Metrofab Commercial Windows & Doors Pty Ltd [2022] FWCA 3043
- Case
- [2022] FWCA 3043
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly sections concerning the procedural fairness, good faith bargaining, and the substantive terms and conditions of employment. The Commission had to determine if the agreement was made in good faith, if the process leading to the agreement was fair, and if the terms of the agreement were reasonable and appropriate for the industry.
The Fair Work Commission found that the agreement was made in good faith and that the process leading to the agreement was procedurally fair. The Commission noted that both parties had engaged in genuine negotiations, and the agreement reflected a balanced consideration of the interests of both employers and employees. In terms of the substantive content, the Commission found that the agreement was reasonable and appropriate for the industry, taking into account the economic and operational realities of the aluminium and glass sectors. Therefore, the Commission approved the enterprise agreement.
Consequently, the Fair Work Commission approved the Metrofab Commercial Windows & Doors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023, recognising it as a valid and binding enterprise agreement under the Fair Work Act.
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Background
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