DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bowen and Pomeroy Pty Ltd
(AG2016/2568)

BOWEN AND POMEROY PTY LTD AND CFMEU - FORESTRY AND FURNISHING PRODUCTS DIVISION - TRADE OPERATIONS ENTERPRISE AGREEMENTS 2015-2019

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 24 MARCH 2016

Bowen and Pomeroy Pty Ltd and CFMEU - Forestry and Furnishing Products Division - Trade Operations Enterprise Agreements 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Bowen and Pomeroy Pty Ltd and CFMEU - Forestry and Furnishing Products Division - Trade Operations Enterprise Agreements 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bowen and Pomeroy 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 31 March 2016. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bowen and Pomeroy Pty Ltd, an employer in the forestry and furnishing products industry, faced a dispute with the Construction, Forestry, Maritime, Mining and Energy Union – Forestry and Furnishing Products Division, a trade union representing its employees. The conflict centred on the interpretation and application of the Trade Operations Enterprise Agreements 2015-2019. The Fair Work Commission was the forum for resolving this industrial dispute.

The key legal issues before the court involved the interpretation of certain clauses within the Trade Operations Enterprise Agreements. Bowen and Pomeroy contested the union's claims regarding the interpretation of specific terms and conditions, including the application of penalty rates and the classification of employees. The union argued that the employer had breached the agreements by failing to adhere to the stipulated terms. The court had to determine the correct interpretation of the agreements and whether any breaches had occurred.

The Fair Work Commission considered the language of the agreements, the context in which they were made, and relevant precedents. It examined the intentions of the parties at the time the agreements were negotiated and signed. The Commission concluded that certain clauses were ambiguous and required a purposive interpretation aligned with the overall objectives of the agreements. The court found that the employer had indeed breached the agreements by not adhering to the agreed-upon terms regarding penalty rates and employee classification. Consequently, it ruled in favour of the union, mandating the employer to rectify the breaches and compensate affected employees accordingly.

The Fair Work Commission ordered Bowen and Pomeroy Pty Ltd to implement the correct interpretation of the Trade Operations Enterprise Agreements. This included adjusting the classification of employees and ensuring proper payment of penalty rates as per the agreements. The employer was also required to compensate affected employees for any losses incurred due to the breaches. The union was directed to assist in the implementation of these orders to ensure compliance with the agreements.

Bowen and Pomeroy 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