DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4412)

AUSPLY AND CFMEU FORESTRY & FURNISHING PRODUCTS DIVISION ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 1 SEPTEMBER 2015

Application for approval of the Ausply and CFMEU Forestry & Furnishing Products Division Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ausply and CFMEU Forestry & Furnishing Products Division Enterprise 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 8 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Australian Pulp and Paper Manufacturers Association (APPMA) concerning the approval of the Ausply and CFMEU Forestry & Furnishing Products Division Enterprise Agreement 2015. The union sought the Commission's approval of the agreement, which outlined terms and conditions for employees within the forestry and paper manufacturing industry. The APPMA, representing employer interests, contested certain provisions of the agreement, arguing they were not fair and reasonable.

The central legal issues before the Commission were whether specific provisions of the enterprise agreement were fair and reasonable, particularly those concerning wages, conditions, and the introduction of new work practices. The APPMA argued that certain wage increases and working conditions were excessive, and that some provisions lacked sufficient flexibility for the industry's operational needs. The CFMEU, on the other hand, contended that the agreement fairly represented the interests of its members, providing necessary protections and improvements in working conditions.

In delivering its decision, the Fair Work Commission considered the broader context of the industry, the negotiating history of the agreement, and the principles of fairness and reasonableness. The Commission found that while some provisions were contentious, the overall agreement balanced the interests of both employers and employees. The Commission approved the enterprise agreement, noting that the parties had engaged in good faith negotiations and that the agreement contained necessary protections for employees, despite some reservations about specific provisions. The Commission's decision was aimed at ensuring fair and reasonable outcomes for both parties, while recognising the need for flexibility in an evolving industry.

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