Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8072)

FERRISTEX PTY LTD ENTERPRISE AGREEMENT 2021 - 2024

Textile industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 NOVEMBER 2021

Application for approval of the Ferristex Pty Ltd Enterprise Agreement 2021 -2024.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (105N) (the Applicant) has made an application for approval of an enterprise agreement known as the Ferristex Pty Ltd Enterprise Agreement 2021 - 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] In the support materials provided, the Applicant indicated that on 7 October 2021, employees were advised of the vote details and that the vote would commence on 14 October 2021, which is one day less than the 7 clear days required in the Act. Employees were also provided a copy of the Agreement on 7 October 2021, which is one day less than the 7 clear days prior to the vote as required in the Act. Pursuant to s.188(2), I consider this a minor procedural error that did not disadvantage the employees covered by the Agreement.

[3] The Construction, Forestry, Maritime, Mining & 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) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Ferristex Pty Ltd Enterprise Agreement 2021-2024, which was lodged by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute centred on the provisions within the enterprise agreement, specifically those relating to the terms of employment and conditions of work for employees within the company. The court hearing took place in a relevant industrial tribunal.

The legal issues before the court required careful consideration of whether the terms of the enterprise agreement were consistent with the relevant industrial legislation and whether they met the necessary criteria for approval. This included assessing if the agreement provided for the fair and equitable treatment of employees, whether it contained appropriate mechanisms for dispute resolution, and if the process for reaching the agreement was fair and in compliance with procedural requirements.

The court examined the evidence provided by the CFMEU and the company, as well as submissions from both parties. It was determined that the enterprise agreement met the necessary legal standards and was consistent with the relevant legislation. The court found that the agreement provided for fair and equitable treatment of employees, contained appropriate mechanisms for dispute resolution, and was reached through a fair process. Therefore, the application for approval of the enterprise agreement was successful.

As a result of the court's decision, the Ferristex Pty Ltd Enterprise Agreement 2021-2024 was approved, and the terms and conditions outlined in the agreement are now legally binding on both the company and its employees.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established