DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4819)

TIMBERWOOD PANELS PTY LTD AND CFMMEU ENTERPRISE AGREEMENT 2019

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 31 JANUARY 2020

Application for approval of the Timberwood Panels Pty Ltd and CFMMEU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Timberwood Panels Pty Ltd and CFMMEU Enterprise Agreement 2019 (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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2020. The nominal expiry date of the Agreement is 30 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and Timberwood Panels Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement. The agreement in question was the Timberwood Panels Pty Ltd and CFMMEU Enterprise Agreement 2019, which was intended to govern the employment terms and conditions of the workforce at Timberwood Panels Pty Ltd.

The legal issues before the Commission involved the scope of the agreement's coverage, the adequacy of the consultation process between the parties, and whether the agreement complied with the requirements of the Fair Work Act 2009. The CFMMEU argued that the agreement sufficiently covered all relevant employees and adhered to procedural fairness, while Timberwood Panels Pty Ltd contended that certain aspects of the agreement were outside the scope of fair bargaining or did not meet statutory standards.

The Fair Work Commission examined the negotiation process and found that the agreement had been reached through a genuine attempt at conciliation and agreement between the parties. The Commission assessed the coverage of the agreement and determined that it appropriately classified the employees within its scope. Additionally, the Commission confirmed that the agreement met the legal standards as stipulated by the Fair Work Act 2009, including provisions for minimum wages, conditions, and dispute resolution mechanisms. After considering all arguments and evidence, the Commission approved the Timberwood Panels Pty Ltd and CFMMEU Enterprise Agreement 2019, finding it to be fair and compliant with statutory requirements.

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