DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6859)

FORESTWORKS AND CFMMEU-MANUFACTURING DIVISION COLLECTIVE EMPLOYMENT AGREEMENT 2021-2024

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 8 SEPTEMBER 2021

Application for approval of the ForestWorks and CFMMEU-Manufacturing Division Collective Employment Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the ForestWorks and CFMMEU-Manufacturing Division Collective Employment Agreement 2021-2024 (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, Maritime, Mining and Energy Union. 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 23.3 – Carer’s Leave.

• Clause 27.9(a) – Redundancy.

• Clause 29(e) – Termination.

However, noting clause 3.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2021. The nominal expiry date of the Agreement is 1 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) seeking approval of the ForestWorks and CFMMEU-Manufacturing Division Collective Employment Agreement 2021-2024. The application was lodged with the Fair Work Commission, Australia's independent statutory body for the resolution of workplace disputes. The legal issues centred on whether the proposed agreement complied with the Fair Work Act 2009, specifically provisions relating to the protection of employee interests, and whether the agreement was in the interests of the employees it covered.

The court examined the terms of the proposed agreement to determine if they met the requirements for approval under the Act. It assessed whether the agreement provided fair and reasonable terms for employees, including adequate provisions for minimum wages, leave entitlements, and other conditions of employment. Additionally, the court evaluated whether the agreement was genuinely negotiated between the union and the employer and whether it had been presented in good faith. The court found that the agreement contained terms that were fair and reasonable and that the negotiation process was conducted appropriately. The court also concluded that the agreement was in the interests of the employees it covered.

The Fair Work Commission approved the ForestWorks and CFMMEU-Manufacturing Division Collective Employment Agreement 2021-2024. The decision was based on the finding that the agreement met the necessary legal standards and was beneficial to the employees. The Commission's approval was subject to the agreement being registered with the relevant authorities, ensuring that it would have legal effect and enforceability. This ruling provided clarity for both the union and the employer regarding the terms of the agreement and ensured that the employees' rights and conditions were protected.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established