DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2017/6326)

HURFORD WHOLESALE TIMBER ENTERPRISE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 1 MAY 2018

Application for approval of the Hurford Wholesale Timber Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hurford Wholesale Timber Enterprise Agreement 2017 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 8 May 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission (FWC) was tasked with approving the Hurford Wholesale Timber Enterprise Agreement 2017. The applicants, representing the employees, sought approval of the agreement, which was submitted by the employer, Hurford Wholesale Timber. The dispute centred around the fairness and compliance of the proposed agreement with the relevant federal industrial laws.

The key legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was free from unlawful content, contained the mandated minimum entitlements, and had been made in accordance with the procedural prerequisites. This included assessing whether proper consultation had occurred, if the agreement contained any prohibited content, and if it ensured fair and reasonable terms for the employees.

After careful consideration of the submissions and evidence presented by both parties, the FWC concluded that the agreement was substantially compliant with the legislative requirements. The Commission noted that while there were some minor procedural shortcomings, these did not significantly detract from the overall fairness and reasonableness of the agreement. The Commission found that the agreement provided for fair and reasonable terms for the employees, including appropriate minimum entitlements and conditions of employment. Consequently, the FWC approved the Hurford Wholesale Timber Enterprise Agreement 2017, subject to the minor procedural amendments required by law.

As part of its decision, the FWC directed the parties to address and rectify the identified procedural issues, ensuring future compliance with the necessary consultation processes. The approval of the agreement was made effective from a specified date, ensuring that the terms and conditions would be binding on the parties from that point forward.

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