Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 7517

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/7876)

CALCO TRUSSES AND TIMBER ENTERPRISE AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 22 OCTOBER 2014

Application for approval of the Calco Trusses and Timber Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Calco Trusses and Timber Enterprise 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 (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 29 October 2014. The nominal expiry date of the Agreement is 1 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of the Calco Trusses and Timber Enterprise Agreement 2014 in the Fair Work Commission. The agreement was for employees in the truss and timber manufacturing industry, and the union argued it provided fair and reasonable terms for the workers involved. The primary dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The Fair Work Commission examined several key legal issues. These included whether the agreement provided for fair remuneration and conditions, including minimum rates of pay, penalty rates, and leave entitlements. The commission also assessed whether the agreement allowed for genuine collective bargaining and if it provided adequate protections for employees, including provisions for dispute resolution. Another significant issue was whether the agreement complied with the requirements for approval, such as whether it had been fairly negotiated and whether it included certain mandatory terms.

In its decision, the Fair Work Commission found that the Calco Trusses and Timber Enterprise Agreement 2014 did indeed meet the legal criteria for approval. The commission concluded that the agreement provided fair and reasonable terms for the employees, including appropriate remuneration and conditions. It was also determined that the agreement had been genuinely negotiated and included necessary protections for the workers. The commission confirmed that the agreement complied with the mandatory terms and conditions required by the Fair Work Act 2009.

The Fair Work Commission approved the agreement, highlighting its provisions for fair pay, conditions, and employee protections. The union's application was thus successful, and the agreement was set to take effect, providing the agreed terms for employees in the truss and timber manufacturing industry.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established