DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1138)

TIMBERWOOD PANELS PTY LTD AND CFMEU ENTERPRISE BARGAINING AGREEMENT 2016

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MAY 2016

Application for approval of the Timberwood Panels Pty Ltd and CFMEU Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Timberwood Panels Pty Ltd and CFMEU Enterprise Bargaining Agreement 2016 (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, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 May 2016 and, in accordance with s.54, will operate from 2 June 2016. The nominal expiry date of the Agreement is 30 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), applied to the Fair Work Commission for the approval of an enterprise bargaining agreement between the union and Timberwood Panels Pty Ltd. The agreement was to cover employees of Timberwood who are members of the union. The dispute arose due to objections from non-union members who argued that the agreement unfairly favoured union members and did not adequately represent the broader workforce.

The legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it was genuinely an enterprise agreement, and if it contained the necessary minimum terms and conditions. The objections from non-union members focused on the representation of all employees and whether the agreement adequately covered all employees within the bargaining unit.

The Commission, in its decision, found that the agreement was made in good faith and was genuinely an enterprise agreement. It held that the CFMEU had adequately represented the majority of employees in the bargaining unit, despite objections from a minority of non-union members. The Commission also determined that the agreement contained the required minimum terms and conditions and did not unfairly disadvantage any group of employees. Consequently, the Commission approved the agreement as meeting the necessary criteria under the Fair Work Act.

The Commission's final orders approved the Timberwood Panels Pty Ltd and CFMEU Enterprise Bargaining Agreement 2016, allowing it to be registered and in force. This decision confirmed the agreement's validity and effectiveness in governing the employment terms of the covered employees.

Construction, Forestry, 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