DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2270)

GUNNERSEN ENTERPRISE AGREEMENT 2019

Timber and paper products industry
COMMISSIONER JOHNS	SYDNEY, 10 JULY 2019

Application for approval of the Gunnersen Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gunnersen 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 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 is approved and, in accordance with s.54 of the Act, will operate from 17 July 2019. The nominal expiry date of the Agreement is 18 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was asked to approve the Gunnersen Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for workers in the maritime sector, including pay rates, working hours, and other employment-related matters. The union, representing the workers, sought approval for the agreement, while the employer's association argued against it.

The legal issues before the Commission were primarily whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key concerns included whether the agreement provided for fair and reasonable terms and conditions, and if it had been made in good faith. The Commission had to consider whether the agreement was free from coercion and undue influence, and if it allowed for appropriate dispute resolution mechanisms.

In its decision, the Commission carefully examined the provisions of the agreement and the process by which it was negotiated. The Commission found that the agreement contained terms and conditions that were fair and reasonable, taking into account the specific needs of the maritime industry. The Commission was satisfied that the agreement was made in good faith and without any undue influence or coercion. The dispute resolution provisions were also deemed to be appropriate and compliant with legal standards.

The Fair Work Commission approved the Gunnersen Enterprise Agreement 2019, recognising its suitability for the maritime sector. The decision underscored the importance of balancing the needs of employers and employees while ensuring compliance with legislative requirements. The Commission's approval ensures that the agreed terms and conditions are legally enforceable, providing certainty and stability for both parties.

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