Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 5598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/7083)

SNAPES REMOVALS (VIC.) AND SNAPES LABOUR HIRE PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 15 AUGUST 2014

Application for approval of the Snapes Removals (Vic.) and Snapes Labour Hire Pty Ltd and CFMEU Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Snapes Removals (Vic.) and Snapes Labour Hire Pty Ltd and CFMEU 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 7 days from date of signing. The nominal expiry date of the Agreement is date of expiry.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for an enterprise agreement on behalf of its members employed by Snapes Removals (Vic.) and Snapes Labour Hire Pty Ltd. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary standards and requirements under the Fair Work Act 2009. The legal issues at the core of this case revolved around the fairness and compliance of the proposed enterprise agreement with the legislative provisions. Specifically, the Commission needed to assess whether the agreement met the criteria for 'better off overall and in the round' for the employees, and whether it adhered to the provisions regarding employee protections, procedural fairness, and other relevant statutory requirements.

In delivering its decision, the Commission examined the contents of the proposed agreement and the submissions made by both the CFMEU and the employers. The Commission found that the agreement satisfied the 'better off overall and in the round' test, as it provided employees with enhanced conditions, including improved wages and benefits. The Commission also noted that the agreement had been negotiated in good faith and that the procedural fairness was maintained throughout the negotiation process. Consequently, the Commission approved the application, recognising that the enterprise agreement met the necessary standards and requirements under the Fair Work Act.

The Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements provide genuine benefits to employees while adhering to statutory requirements. The Commission's approval of the Snapes Removals (Vic.) and Snapes Labour Hire Pty Ltd and CFMEU Enterprise Agreement 2014 sets a precedent for future agreements and reinforces the need for fair and transparent negotiation processes. The final orders of the Commission were to approve the enterprise agreement, allowing it to come into effect and provide the agreed benefits to the employees of Snapes Removals (Vic.) and Snapes Labour Hire Pty Ltd.

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