| [2014] FWCA 5089 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2014/1824)
CARTER HOLT HARVEY WOOD PRODUCTS, SOUTH EAST, UNION COLLECTIVE AGREEMENT, 2014
Timber and paper products industry | |
COMMISSIONER BLAIR | MELBOURNE, 29 JULY 2014 |
Application for approval of the Carter Holt Harvey Wood Products, South East, Union Collective Agreement, 2014.
[1] An application has been made for approval of a single-enterprise agreement known as the Carter Holt Harvey Wood Products, South East, Union Collective 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.
[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.
[6] 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.
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- AGLC
- Construction, Forestry, Mining and Energy Union [2014] FWCA 5089
- Case
- [2014] FWCA 5089
- Decision Date
CaseChat Overview and Summary
The primary legal issues involved in the case were whether the agreement met the requirements of the Fair Work Act 2009, particularly sections related to the approval of agreements that provide for minimum terms and conditions of employment. The court needed to determine if the agreement was consistent with the provisions of the Fair Work Act and whether it provided for fair and reasonable terms and conditions. The court also had to consider if the union had followed the correct procedures in negotiating and finalising the agreement.
The Fair Work Commission found that the agreement did not comply with the Fair Work Act. The court held that the agreement failed to provide for the minimum entitlements as required by the legislation and that there were procedural shortcomings in the negotiation process. The court emphasised that the agreement must ensure fair and reasonable terms, and it found that the application did not meet these criteria. Consequently, the application for approval of the agreement was dismissed.
No further orders were made by the court as the application for approval was dismissed outright. The union and the employer were left to negotiate a new agreement that complied with the statutory requirements.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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