Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 4673

[2021] FWCA 4673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6382)

MATHEWS TIMBER PTY LTD AND CFMMEU UNION COLLECTIVE BARGAINING AGREEMENT 2020

Timber and paper products industry
COMMISSIONER CIRKOVIC	MELBOURNE, 2 AUGUST 2021

Application for approval of the Mathews Timber Pty Ltd and CFMMEU Union Collective Bargaining Agreement 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (the Applicant) has made an application for approval of an enterprise agreement known as the Mathews Timber Pty Ltd and CFMMEU Union Collective Bargaining Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 29 July 2021.

[3] On 29 July 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  The Commission sought lodgement of “Attachment A” referred to at clause 5.2 of the Agreement. The Attachment is the Timber Industry Award 2020 and it has been annexed to this decision as “Attachment A”.

•  The Commission noted that the agreement did not appear to contain a valid dispute resolution term.

[4] The Applicant has submitted an undertaking in the required form dated 30 July 2021. The undertaking deals with the following topics:

•  The dispute resolution term at clause 16.1 is taken to be as found in clause 35 of the Timber Industry Award 2020; and

•  Amended clause 16.2 to reflect changes to clause 16.1 with respect to the dispute resolution term.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their view in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] 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 2023.

COMMISSIONER

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