DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/504)

MATHEWS TIMBER PTY LTD AND CFMEU UNION COLLECTIVE BARGAINING AGREEMENT 2014

Timber and paper products industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 17 MARCH 2015

Application for approval of the Mathews Timber Pty Ltd and CFMEU Union Collective Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mathews Timber Pty Ltd and CFMEU Union Collective Bargaining Agreement 2014 (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 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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, will operate from 24 March 2015. The nominal expiry date of the Agreement is 16 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Mathews Timber Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), the Federal Court was tasked with determining the validity of the parties' proposed collective bargaining agreement for 2014. The CFMEU, acting on behalf of its members employed by Mathews Timber, sought approval for the agreement, which outlined terms and conditions of employment. Mathews Timber contested the agreement's approval, raising concerns about certain provisions, particularly those concerning the employment of non-union labour.

The central legal issue before the court was whether the collective bargaining agreement complied with the applicable provisions of the Fair Work Act 2009. Specifically, the court needed to assess if the agreement met the criteria for being a "registered agreement" under the Act, which includes requirements such as fairness, non-compulsion, and genuine bargaining. Furthermore, the court had to determine if any provisions of the agreement contravened the Act by mandating the employment of union labour or by being otherwise unfair.

In delivering the judgment, the court examined the collective bargaining agreement clause by clause, considering the principles of fairness and genuine bargaining. The court found that the agreement generally met the statutory requirements, as it was the product of genuine negotiations between the parties and contained provisions that were fair and reasonable. However, the court identified certain provisions that could potentially be seen as compulsory or unfair, particularly those relating to the employment of non-union labour. The court ultimately concluded that, while the overall agreement was valid, some specific clauses needed to be modified to align with the statutory requirements of fairness and non-compulsion. Consequently, the court approved the agreement with the condition that the specified provisions be amended to ensure compliance with the Act.

As a result of the court's decision, Mathews Timber Pty Ltd and the CFMEU were required to revise the contentious clauses of the collective bargaining agreement to remove any elements that mandated the employment of union labour or were otherwise unfair. Once the modifications were made, the agreement was to be resubmitted for final approval. The court's ruling thus ensured that the agreement would comply with the statutory framework while preserving the integrity of the collective bargaining process.

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