DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3272)

BORCOR COMMERCIAL JOINERY PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2015

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

Application for approval of the BorCor Commercial Joinery Pty Ltd and CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the BorCor Commercial Joinery Pty Ltd and CFMEU 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 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 31 March 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the BorCor Commercial Joinery Pty Ltd and CFMEU Enterprise Agreement 2015. The dispute arose from negotiations between the CFMEU and BorCor, with the union seeking to have the agreement recognised under the Fair Work Act 2009. The primary issues were whether the agreement met the statutory requirements for approval and if it was made in good faith and without coercion.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it contained the necessary provisions for employee protection and dispute resolution. The Commission also examined if the agreement complied with the Fair Work (Registered Organisations) Act 2009 and if it was fair and reasonable in terms of wages, conditions, and overall treatment of employees. Furthermore, the Commission considered if the agreement provided for an effective mechanism for resolving disputes between the parties.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and contained provisions that were fair and reasonable. The Commission noted that the agreement provided adequate protections for employees and included mechanisms for resolving disputes. The Commission was satisfied that the agreement met the statutory requirements and was made without coercion. Consequently, the Commission approved the BorCor Commercial Joinery Pty Ltd and CFMEU Enterprise Agreement 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