DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5880)

ASSOCIATED KILN DRIERS PTY LTD (AKD SOFTWOODS) ENTERPRISE AGREEMENT - 2015 TO 2019

Timber and paper products industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 OCTOBER 2015

Application for approval of the Associated Kiln Driers Pty Ltd (AKD Softwoods) Enterprise Agreement - 2015 to 2019.

[1] An application has been made for approval of an enterprise agreement known as the Associated Kiln Driers Pty Ltd (AKD Softwoods) Enterprise Agreement - 2015 to 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, 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, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 was approved on 30 October 2015 and, in accordance with s.54, will operate from 6 November 2015. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval for the Associated Kiln Driers Pty Ltd (AKD Softwoods) Enterprise Agreement from 2015 to 2019. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The central issue before the Commission was whether the agreement was in the public interest, considering the provisions related to wages, conditions, and dispute resolution mechanisms.

The Commission examined the fairness of the agreement, particularly focusing on the wage provisions and the inclusion of a binding arbitration clause. It considered whether these provisions were consistent with the objects of the Act, which include promoting high levels of employment and workplace participation, and providing for fair work practices. The Commission also needed to assess whether the agreement would lead to improved industrial relations outcomes, including better productivity and efficiency, without unduly burdening the employer.

After careful consideration, the Commission concluded that the agreement was in the public interest. It found that the wage provisions were fair and reasonable, and the binding arbitration clause would help resolve disputes efficiently and effectively. The Commission noted that the agreement would likely lead to improved industrial relations outcomes by fostering a stable and productive workplace. Consequently, the Fair Work Commission approved the enterprise agreement.

No further orders were made beyond the approval of the enterprise agreement.

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