Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 4260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1411)

PRECISE TRUSS PTY LTD AND CFMEU FORESTRY AND FURNISHING PRODUCTS DIVISION AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 26 JUNE 2014

Application for approval of the Precise Truss Pty Ltd and CFMEU Forestry and Furnishing Products Division Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Precise Truss Pty Ltd and CFMEU Forestry and Furnishing Products Division Agreement 2013 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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] Pursuant to s.190 of the Act, Precise Truss Pty Ltd 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 note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2014. The nominal expiry date of the Agreement is 1 July 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Precise Truss Pty Ltd and CFMEU Forestry and Furnishing Products Division Agreement 2013, the Fair Work Commission was tasked with considering whether the proposed enterprise agreement warranted approval under the Fair Work Act 2009. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the agreement on behalf of its members who were employees of Precise Truss Pty Ltd. The dispute centred on the terms and conditions of employment as outlined in the agreement, including wages, hours of work, and other related matters.

The primary legal issue before the Commission was whether the agreement met the "better off overall test" as stipulated by the Fair Work Act. This test requires that, in the opinion of the Commission, the employees would be better off overall with the agreement than without it. The Commission also had to determine if the agreement contained provisions that were contrary to public policy or were otherwise unlawful. Additionally, the Commission needed to consider whether the agreement had been made in accordance with the procedural requirements set out in the Act.

In reaching its decision, the Commission examined the evidence and submissions provided by both the CFMEU and Precise Truss Pty Ltd. The Commission found that the agreement did indeed meet the better off overall test, as it provided employees with a range of benefits that outweighed any disadvantages. The Commission also concluded that the agreement did not contain any provisions that were contrary to public policy or unlawful. The procedural requirements for the making of the agreement were also satisfied. Therefore, the Commission approved the agreement, finding it to be fair and reasonable.

As a result of the Commission's decision, the Precise Truss Pty Ltd and CFMEU Forestry and Furnishing Products Division Agreement 2013 was approved and registered under the Fair Work Act. The agreement now serves as a binding enterprise agreement between Precise Truss Pty Ltd and its employees represented by the CFMEU.

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