Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1643)

MOYLE BENDALE TIMBER PTY LTD ENTERPRISE BARGAINING AGREEMENT 2024 - 2027

Timber and paper products industry
COMMISSIONER ALLISON	MELBOURNE, 30 MAY 2024

Application for approval of the Moyle Bendale Timber Pty Ltd Enterprise Bargaining Agreement 2024 - 2027.

An application has been made for approval of an enterprise agreement known as the Moyle Bendale Timber Pty Ltd Enterprise Bargaining Agreement 2024 - 2027. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union (CFMEU). 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.

The CFMEU 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 6 June 2024, notwithstanding clause 4.1 of the Agreement. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise bargaining agreement between the Construction, Forestry and Maritime Employees Union and Moyle Bendale Timber Pty Ltd. The dispute centred on the terms and conditions of employment as set forth in the proposed agreement, which covered a three-year period from 2024 to 2027. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, including minimum wages, penalty rates, and other employment entitlements. The Commission also needed to assess whether the agreement complied with procedural fairness, including the requirement for genuine bargaining and the provision of relevant information to the parties involved. Additionally, the Commission considered whether the agreement aligned with the objectives of the Fair Work Act, such as promoting harmonious, productive, and cooperative workplace relations.

In making its decision, the Commission examined the evidence presented by both parties, including submissions on the fairness and reasonableness of the proposed terms and conditions. The Commission found that the agreement provided for fair and reasonable terms, taking into account the specific circumstances of the industry and the bargaining process. The Commission was satisfied that the agreement complied with the procedural fairness requirements and aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the enterprise bargaining agreement.

The Commission issued an order approving the Moyle Bendale Timber Pty Ltd Enterprise Bargaining Agreement 2024 - 2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Moyle Bendale Timber Pty Ltd for the specified period. The parties were directed to comply with the terms of the approved agreement and to take all necessary steps to give effect to its provisions.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established