DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3262)

SA PINE PTY LTD ENTERPRISE AGREEMENT 2015

Timber and paper products industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 JULY 2015

Application for approval of the SA Pine Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SA Pine Pty Ltd 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 – Forestry, Furnishing, Building Products & Manufacturing Division (CFMEU-FFPD) and SA Pine Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The CFMEU-FFPD, 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2015. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union lodged an application for approval of the SA Pine Pty Ltd Enterprise Agreement 2015 with the Fair Work Commission. The respondents, SA Pine Pty Ltd, contested the application on various grounds, including the argument that the agreement did not meet the requirements for good faith bargaining. The dispute was heard by the Full Bench of the Fair Work Commission, which needed to determine whether the agreement was genuinely negotiated and whether it complied with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement was the product of genuine, good faith bargaining between the parties. The Commission considered whether there was a sufficient record of negotiations and whether the process met the statutory requirements. The Union argued that the agreement was the result of a genuine bargaining process, while the respondents contended that the Union had failed to genuinely negotiate. The Court had to assess the evidence provided by both parties to determine the validity of the agreement.

In its decision, the Commission found that the Union had not genuinely negotiated the agreement. The evidence presented indicated that the Union had failed to adequately consult with its members and had not engaged in meaningful discussions with the respondents. The Commission highlighted that the negotiation process did not meet the statutory requirements, and therefore, the agreement could not be approved. The Fair Work Commission dismissed the application and did not grant the approval sought by the Union.

The Fair Work Commission dismissed the application for approval of the Enterprise Agreement and did not grant the approval sought. The Court made no orders regarding the costs of the application.

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