Construction, Forestry, Mining and Energy Union

[2014] FWCA 5796

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/6993)

TIMBERLINK AUSTRALIA TARPEENA SITE ENTERPRISE AGREEMENT 2014

Timber and paper products industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 22 AUGUST 2014

Application for approval of the Timberlink Australia Tarpeena Site Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Timberlink Australia Tarpeena Site 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 Construction, Forestry, Mining and Energy Union (CFMEU) and Timberlink Australia. 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 and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 30 August 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Mining and Energy Union, sought approval of the Timberlink Australia Tarpeena Site Enterprise Agreement 2014 under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, led by Commissioner McCabe. The respondents, Timberlink Australia Pty Ltd, opposed the approval on various grounds, arguing that the agreement did not meet the statutory requirements for good faith bargaining and did not provide adequate protections for employees.

The central legal issues revolved around whether the agreement was the product of genuine negotiations and if it contained the necessary provisions to be considered a valid enterprise agreement. The respondents contended that the agreement failed to reflect the outcomes of genuine negotiations, as it did not address key bargaining issues such as wages and conditions of employment. They also argued that the agreement did not include adequate protections for employees, particularly concerning redundancy and dismissal provisions.

Commissioner McCabe examined the evidence presented by both parties, including witness testimonies and documentation of the bargaining process. The Commissioner found that the agreement was the result of genuine negotiations and that it contained sufficient provisions to be considered a valid enterprise agreement. The Commissioner rejected the respondents' claims, noting that the agreement addressed key issues and provided adequate protections for employees. The application for approval was subsequently granted, and the Timberlink Australia Tarpeena Site Enterprise Agreement 2014 was approved under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established