DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5341)

TIMCO PTY LTD & CFMMEU, SALISBURY & LONSDALE COLLECTIVE AGREEMENT 2021 - 2024

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

Application for approval of the Timco Pty Ltd & CFMMEU, Salisbury & Lonsdale Collective Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Timco Pty Ltd & CFMMEU, Salisbury & Lonsdale Collective 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] The Agreement lodged contained errors at clauses 2, 8.2 and 21. On 8 June 2021, the Applicant filed amended pages of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Timco Pty Ltd & CFMMEU, Salisbury & Lonsdale Collective Agreement 2021 - 2024. The Construction, Forestry, Maritime, Mining and Energy Union sought approval for the agreement, which was to govern the terms and conditions of employment for employees of Timco Pty Ltd in the Salisbury and Lonsdale regions. The application was lodged with the Fair Work Commission, and the company contested the approval on the basis that the agreement did not comply with certain statutory requirements.

The primary legal issue for the Commission to determine was whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained the necessary minimum terms and conditions, was free from prohibited content, and complied with the procedural requirements for the making of such agreements. A secondary issue was whether any provisions within the agreement could be considered to be in conflict with other provisions of the Fair Work Act or any other relevant legislation.

In determining the application, the Commission examined the agreement clause by clause. It found that the agreement contained all the required minimum terms and conditions, and was free from prohibited content. The Commission also confirmed that the agreement had been made in accordance with the procedural requirements of the Fair Work Act. As a result, the Commission approved the agreement, recognising that it provided a fair and effective framework for the employment of the workers covered by the agreement. The company's concerns about specific provisions were addressed and resolved in a manner that ensured compliance with the Act. The Commission's decision was therefore that the application for approval should be granted in its entirety.

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