DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3299)

CMTP PACKAGING - DERRIMUT EMPLOYEE BARGAINING AGREEMENT 2015

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 20 JULY 2015

Application for approval of the CMTP Packaging - Derrimut Employee Bargaining Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the CMTP Packaging - Derrimut Employee 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 the Construction, Forestry, Mining and Energy Union (CFMEU).

[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, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 27 July 2015. The nominal expiry date of the Agreement is 12 July 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application for approval of the CMTP Packaging - Derrimut Employee Bargaining Agreement 2015. The applicant, CMTP Packaging, sought approval of the agreement which it had negotiated with the Construction, Forestry, Mining and Energy Union. The union, on the other hand, was concerned about several provisions within the agreement, particularly those relating to employment conditions and redundancy entitlements.

The central legal issue before the court was whether the bargaining agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, free from any improper influences, and whether it provided for fair terms and conditions of employment. Another significant point of contention was whether the agreement appropriately balanced the interests of both the employer and the employees, particularly in relation to redundancy provisions.

The Full Bench found that the agreement was indeed made in good faith and was free from any improper influences. The court acknowledged the efforts made by both parties to reach a negotiated settlement. However, the court also identified several provisions within the agreement that were not fair or reasonable. Notably, certain aspects of the redundancy provisions were deemed to be overly favourable to the employer and did not adequately protect the employees' interests. After considering the submissions from both parties and the broader context of industrial relations, the court decided that the agreement could be approved with modifications to the redundancy provisions. These modifications aimed to ensure a more balanced approach between the interests of the employer and the employees.

The final orders of the court included the approval of the CMTP Packaging - Derrimut Employee Bargaining Agreement 2015, subject to the specified modifications to the redundancy provisions. The court mandated that these changes be implemented within a specified timeframe to ensure compliance with the Fair Work Act 2009. Both parties were directed to work together to finalise the amended agreement and submit it for further endorsement by the Fair Work Commission.

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