Construction, Forestry, Mining and Energy Union

[2014] FWCA 4299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1527)

CARTER HOLT HARVEY PINEPANELS LTD, TUMUT PANELS SITE ENTERPRISE AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 30 JUNE 2014

Application for approval of the Carter Holt Harvey Pinepanels Pty Limited, Tumut Panels Site Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Carter Holt Harvey Pinepanels Pty Limited, Tumut Panels 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 the Construction, Forestry, Mining and Energy Union (the Applicant).

[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 Applicant, 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 July 2014. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union v Carter Holt Harvey Pinepanels Pty Limited, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement from the Fair Work Commission (FWC). The CFMEU and Carter Holt Harvey Pinepanels Pty Limited (CHH) had reached an agreement that would cover employees at the Tumut Panels Site. The dispute centred around the FWC's jurisdiction and the process for approving the enterprise agreement, particularly concerning the impact on employee entitlements and the procedural fairness of the approval process.

The primary legal issue before the court was whether the FWC had the jurisdiction to approve the enterprise agreement and whether the process followed by the FWC was fair and procedurally correct. The CFMEU argued that the FWC had jurisdiction and that the approval process was appropriate, while CHH contended that the FWC lacked jurisdiction and that the approval process was flawed due to procedural irregularities. The court had to determine whether the FWC's decision to approve the enterprise agreement was legally sound and whether it complied with procedural fairness requirements.

The FWC found that it had jurisdiction to approve the enterprise agreement and that the process it followed was procedurally fair. The court held that the agreement was in the best interests of the employees, as it provided for improved wages and conditions. The FWC also concluded that the agreement did not unfairly disadvantage any employees and that the approval process was transparent and inclusive of all relevant parties. The court dismissed CHH's objections, finding that the procedural fairness requirements were met and that the FWC's decision to approve the enterprise agreement was justified.

The FWC approved the Carter Holt Harvey Pinepanels Pty Limited, Tumut Panels Site Enterprise Agreement 2014. The decision affirmed the FWC's jurisdiction to approve enterprise agreements and highlighted the importance of procedural fairness in the approval process. The court's ruling ensures that the agreement will proceed, providing enhanced terms and conditions for employees at the Tumut Panels Site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established