DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sun Vue Glass Pty Ltd
(AG2018/1138)

SUN VUE GLASS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 APRIL 2018

Application for approval of the Sun Vue Glass Pty Ltd and CFMEU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sun Vue Glass Pty Ltd and CFMEU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sun Vue Glass Pty Ltd. 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, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2018. The nominal expiry date of the Agreement is 16 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sun Vue Glass Pty Ltd sought approval of an enterprise agreement it had negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU sought approval of the agreement on behalf of its members who were employees of Sun Vue Glass Pty Ltd. The nature of the dispute was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission, consisting of a delegate of the President, was tasked with determining the matter.

The central legal issue before the Commission was whether the agreement met the requirements for approval under section 230 of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement had been made "in good faith and without coercion," and if it contained the minimum entitlements prescribed by the Act. Additionally, the Commission examined whether the agreement adhered to procedural fairness, particularly in how it was presented to employees for approval.

The Commission found that the agreement was made in good faith and without coercion, as evidenced by the negotiation process and the presence of union representatives. The agreement contained the minimum entitlements required by the Act, including provisions for wages, hours of work, and other employment conditions. Furthermore, the Commission was satisfied that the procedural fairness requirements were met, as the agreement was adequately communicated to employees and a majority voted in favour of it. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Sun Vue Glass Pty Ltd and CFMEU Enterprise Agreement 2018, finding it to be made in good faith, without coercion, and containing the requisite minimum entitlements. The Commission also determined that the agreement adhered to procedural fairness and was duly approved by a majority of employees.

Sun Vue Glass 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