DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6294)

TIMBERITE BUILDING SUPPLIES ENTERPRISE BARGAINING AGREEMENT 2015

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 DECEMBER 2015

Application for approval of the Timberite Building Supplies Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Timberite Building Supplies Enterprise Bargaining Agreement 2015 (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, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] 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 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, 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 7 December 2015 and, in accordance with s.54, will operate from 14 December 2015. The nominal expiry date of the Agreement is 31 August 2019.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union, which sought approval for the Timberite Building Supplies Enterprise Bargaining Agreement 2015. The dispute centred around whether the agreement adequately addressed the employment conditions of workers within the timber industry, particularly focusing on issues of wages, hours of work, and leave entitlements. The Commission was tasked with determining if the agreement met the criteria set forth in the Fair Work Act 2009, ensuring that it provided a safety net for employees and promoted efficient bargaining practices.

The primary legal issues addressed by the Commission involved the interpretation of specific provisions within the Fair Work Act, such as the requirement for the agreement to provide a safety net for employees, and whether the terms and conditions outlined in the bargaining agreement were fair and reasonable. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both employers and employees, particularly in light of the unique economic conditions faced by the timber industry.

In its decision, the Commission found that the Timberite Building Supplies Enterprise Bargaining Agreement 2015 did not adequately meet the safety net provisions as required by the Fair Work Act. The Commission highlighted deficiencies in the agreement’s treatment of wages and conditions, which did not sufficiently protect the interests of lower-paid employees. Consequently, the Commission refused to approve the agreement, emphasising the need for amendments that would ensure a fair and reasonable balance between the parties. The Commission provided detailed feedback to guide the union and employer in revising the agreement to meet the statutory requirements.

The final orders included a directive for the union and employer to make necessary amendments to the agreement and to resubmit it for approval within a specified timeframe. The Commission also indicated that it would be open to reviewing the revised agreement if the required changes were adequately addressed. This decision underscores the importance of ensuring that enterprise agreements comply with the statutory framework designed to protect the interests of employees while promoting effective bargaining practices.

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