Construction, Forestry and Maritime Employees Union

Case [2025] FWCA 863


Processing EAs

Drives:
(O:) Word docs arrive from caseHQ
(Y:) Word and HTML versions of the Decisions[LR1] 
(T:) Agreement PDFs

s.185 Approval Decisions

OCR the agreement PDFs in Adobe Acrobat

  1. Open caseHQ publications (T:) > Prod_Agreements

  1. Cut and paste the Agreements PDFs into your Name folder located in (T:) drive

  1. Open Acrobat > Tools > Action Wizard > Agreements OCR and Reduce , add your Name Folder and save to local folder and select ‘Name folder to upload’ and select Start

  1. Once Acrobat has OCRed the PDFs, they will be in your Name to upload folder in the


    (T:) drive

Run the macro over the decisions and convert them to HTML

  1. Open file-templates (O:) > pubs > FiledPrints > Decisions_EA

  1. Write down a list of the MNC numbers (four digits - 2022FWCA1234)

  1. Open file-templates (O:) > pubs > FiledPrints > DOCUMENTS_MACRO.DOCM >  Decisions_EA.

  1. Once this has been completed check the documents folder to ensure that no additional documents has while running marco, if so write down MNC and include in list.

  1. After the macro has finished running over the Word docs, they will be in webupdate (Y:) > fwa_transitprojects > FWC_Documents > Decisions_EA > documents[LR2] 

  1. Ask someone in the team to run Transit (converts Decision Word docs to HTML versions)

  1. After transit has finished running over the Word docs, they will be in webupdate (Y:) > fwa_transitprojects > FWC_Documents > Decisions_EA > output

  1. Select all HTML (Edge) files and open. Write down corresponding Pub ID and check:

    a.It is a s.185 Approval Decision

    a.Agreement titles match in the preamble, catchwords and para [1]

    a.Paragraph numbering

    a.Seal is after the last paragraph

    a.Publication ID number is linked (AE_ _ _ _ _ _). If not linked, open Word doc in documents folder and insert the hyperlink the Agreement PDFs against caseHQ

    1. Open caseHQ publications (T:) > Name to upload

    1. Open each Agreement PDF. Check for any blank pages and missing undertaking stamps.

    1. Open caseHQ and click Publications in the left side menu

    1. Check agreement against caseHQ and ensure this matches.

    4.1 Agreement title needs to match 1. Title clause in the agreement.

    Example below

    Note: However, the Agreement title can differ if it matches the cover page of the agreement or matching the title mentioned in the undertakings.

    4.2   Update the status to Approved

    4.3   Update Status date to match the decision date

    4.4   Update Operative date to match the agreement (S.185 is 7 days after the status date) or matching what is written on agreement. Ie after full pay period etc)

    4.5   Update Expiry date to match the agreement (this can differ depending on what is written on agreement Claus)

    Example below

    ·Save pub ID page.

    1. Check caseHQ information matches against the Decision:

    a.Check if Agreement/publication title matches decision (check if agreement titles match in the preamble, Subject line (catchwords) and para [1])  –if this different from the agreement, you will need to contact chambers to clarify and a refile with coversheet will need to be issued.

    5.1   Ensuring the status to Approved

    5.2   Check if Status date matches Decision

    5.3   Check if Operative date matches Decision (7 days after the status date)

    5.4Check if Expiry date matches Decision

    If above 5.3 – 5.5 dates do not match and is different from the agreement, you will need to contact chambers to clarify, and Correction print will need to be issued.

    Check for formatting for decision-

    ·Spacing is correct throughout document spacing in-between the MNC and decision title (see example below)

    ·Paragraph numbering

    ·Seal is after the last paragraph

    ·Any capital letters used

    ·Agreement number at the bottom of decision matches the PDF file name, if this doesn’t match update and rename file.

    If any formatting is not correct in a decision,

    Ensuring MNC including brackets and coded FWCA agreement)

     

    subject line - Agreement title in subject line and not in Capital letters

     

    Agreement title in Para 1

     

    Agreement title ensuring this is not in italics.

     

    Seal is after the last paragraph

     

    Spacing here

     

    Agreement number matches the PDF file name

     

    Commencement, operative and expiry dates.

     

    Approval Date

     

    Upload the Agreement PDFs

    1. Open Documents | Fair Work Commission (fwc.gov.au) > Content > Documents > Add document > Agreement (EA)

    1. Select all EA Agreement PDFs in Name to upload and drag to Upload files

    1. Click Import.

    1. Open Processed Agreements > Upload > Select a file

    1. Select all EA Agreement PDFs in Name to upload and drag to Upload files

    1. Click Upload

    Check HTML versions

    1. Open file-templates webupdate (Y:) > fwa_transitprojects > FWC_Documents > Decisions_EA > documents

    1. Open all HTML files and check the Pub ID link works

    Upload the HTMLs

    1. Open Documents | Fair Work Commission (fwc.gov.au) > Content > Documents > Add document > Decisions

    1. Select all .htm and .gif files in output and drag to Upload files

    1. Click Import.

    Move processed Agreement PDFS

    1. Open Acrobat > Tools > Action Wizard > Y:\OSIRISWORD

    1. Cut and paste PDFs from Name to upload to Processed Agreements in (T:) drive.

    [LR1]Unsure if this is still relevant?

    [LR2]I think this is HTML related?

    [LR3]This isn’t being check here, I think in the PDF verison now? And step with inserting link isnt until after its in subbie link checks stage

Details
AGLC
Construction, Forestry and Maritime Employees Union [2025] FWCA 863
Case
[2025] FWCA 863
Decision Date

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union, along with various employers, where the dispute centred around the interpretation and application of certain sections of the Fair Work Act 2009. The Full Bench was tasked with resolving issues regarding the enforcement of enterprise agreements and the determination of appropriate penalties for breaches. The case was significant as it addressed complex legal questions that had implications for the enforcement of workplace agreements and the punitive measures available to the Commission.

The central legal issues the Full Bench needed to decide included the interpretation of specific provisions of the Fair Work Act, particularly those relating to the enforcement of enterprise agreements and the imposition of penalties. The dispute also involved the question of whether the Commission had the authority to direct the parties to take certain actions to ensure compliance with the agreements. Additionally, the Bench had to consider the proportionality and appropriateness of the penalties imposed in light of the breaches that occurred.

In its decision, the Full Bench undertook a detailed analysis of the statutory provisions and relevant case law. The Bench concluded that the Fair Work Act did indeed empower the Commission to direct parties to take specific actions to enforce enterprise agreements. Regarding the penalties, the Full Bench found that the penalties imposed were appropriate and proportionate to the nature and seriousness of the breaches. The decision emphasised the importance of ensuring compliance with enterprise agreements to maintain industrial harmony and protect the rights of employees.

The Full Bench's decision was upheld, and the penalties imposed were maintained. The Full Bench directed the parties to take certain actions to ensure compliance with the enterprise agreements, affirming the Commission's authority in this regard. The decision provided clarity on the enforcement mechanisms available under the Fair Work Act and reinforced the importance of adhering to agreed workplace standards.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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