DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3721)

PEDERSEN INDUSTRIES MARYVALE PTY LTD AND CFMEU MANUFACTURING DIVISION AGREEMENT 2020-2021

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 24 DECEMBER 2020

Application for approval of the Pedersen Industries Maryvale Pty Ltd and CFMEU Manufacturing Division Agreement 2020-2021.

[1] An application has been made for approval of an enterprise agreement known as the Pedersen Industries Maryvale Pty Ltd and CFMEU Manufacturing Division Agreement 2020-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2020. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Pedersen Industries Maryvale Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, which was to cover the period from 2020 to 2021, was contested by the company. The legal issues centred on whether the agreement complied with the Fair Work Act 2009, particularly in terms of its compliance with the 'better off overall test' and whether it contained provisions that were contrary to public policy.

The Commission considered the terms of the agreement and the evidence provided by both parties. It examined whether the proposed agreement met the 'better off overall test', which requires that employees be no worse off and at least some employees be better off financially under the new agreement. The Commission also assessed whether the agreement contained any provisions that were contrary to public policy. After reviewing the evidence and arguments, the Commission concluded that the agreement did meet the 'better off overall test' and did not contain any provisions contrary to public policy.

The Fair Work Commission approved the agreement, finding that it was fair and reasonable. The Commission acknowledged the efforts made by both parties to reach a negotiated agreement and highlighted the importance of such agreements in maintaining industrial peace. The final order was that the Pedersen Industries Maryvale Pty Ltd and CFMEU Manufacturing Division Agreement 2020-2021 be approved as a registered agreement under the Fair Work Act 2009.

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