Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 5359

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1989)

ASSOCIATED KILN DRIERS PTY LTD (AKD SOFTWOODS) ENTERPRISE AGREEMENT - 2012 TO 2015

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 8 AUGUST 2014

Application for approval of the Associated Kiln Driers Pty Ltd (AKD Softwoods) Enterprise Agreement - 2012 to 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Associated Kiln Driers Pty Ltd (AKD Softwoods) Enterprise Agreement - 2012 to 2015 (the Agreement) 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). 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.

[2] The CFMEU and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have each 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 those organisations.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss.191(1) and 201(3) of the Act, I not that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2014. The nominal expiry date of the Agreement is 30 September 2015.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union filed an application for approval of the Associated Kiln Driers Pty Ltd (AKD Softwoods) Enterprise Agreement for the period 2012 to 2015 before the Fair Work Commission. The enterprise agreement in question was between the employer, Associated Kiln Driers Pty Ltd, and the union, seeking to regulate the terms and conditions of employment for the workers in the softwood industry. The primary dispute centred around the union's request for the commission to approve the enterprise agreement, which included provisions for pay rates, leave entitlements, and other employment conditions.

The legal issues before the commission involved determining whether the enterprise agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, and whether the agreement met the criteria for being a "better off overall test" (BOOT). The commission was required to consider whether the agreement was genuinely negotiated between the parties and whether it provided for terms and conditions that were no less favourable than the applicable awards or the national employment standards. Additionally, the commission needed to assess whether the agreement was made in good faith and whether it contained any unlawful content.

In its decision, the Fair Work Commission determined that the enterprise agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. The commission found that the agreement was genuinely negotiated between the parties and contained terms and conditions that were no less favourable than the applicable awards or the national employment standards. The commission was satisfied that the agreement was made in good faith and did not contain any unlawful content. As a result, the commission approved the enterprise agreement for the period 2012 to 2015.

The final orders of the Fair Work Commission were that the Associated Kiln Driers Pty Ltd (AKD Softwoods) Enterprise Agreement for the period 2012 to 2015 be approved, and that the agreement be registered with the Fair Work Commission. The agreement was to have effect from the date of registration and would remain in force until the end of the specified period, or until varied or replaced by a new enterprise agreement. The commission also ordered that any disputes arising from the agreement be referred to the commission for resolution.

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