DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5288)

FORESTWORKS AND CFMEU COLLECTIVE EMPLOYMENT AGREEMENT 2015 - 2018

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the ForestWorks and CFMEU Collective Employee Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the ForestWorks and CFMEU Collective Employee Agreement 2015-2018 (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 Agreement was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 1 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the ForestWorks and CFMEU Collective Employee Agreement 2015-2018, which was signed by ForestWorks and the CFMEU. ForestWorks is an Australian company that employs workers covered by the agreement. The Fair Work Commission (FWC) was tasked with determining whether to approve the agreement. The approval was sought under section 233 of the Fair Work Act 2009 (Cth). The legal issues before the FWC were whether the agreement was a "good faith" agreement, whether it contained unfair content, and whether the agreement was in the public interest. The FWC considered the nature of the agreement and whether it was negotiated in good faith. The FWC found that the agreement was negotiated in good faith, as it was the result of genuine bargaining between the parties. The FWC also found that the agreement did not contain any unfair content, as it provided for fair and reasonable terms and conditions of employment. The FWC concluded that the agreement was in the public interest, as it provided for fair and reasonable terms and conditions of employment for workers in the forestry industry. The FWC approved the agreement, and it became a registered agreement on 18 November 2015.

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