Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 4035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1434)

DEKORFORM PTY LTD AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 19 JUNE 2014

Application for approval of the Dekorform Pty Ltd Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Dekorform Pty Ltd Agreement 2014 (the Agreement) 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 them.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2014. The nominal expiry date of the Agreement is 7 April 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission for the approval of the Dekorform Pty Ltd Agreement 2014. The dispute arose as the Union argued that the agreement in question should be approved as a safety net agreement. The applicant contended that the agreement would improve working conditions and outcomes for employees and that it was in the public interest for it to be approved. The respondent, Dekorform Pty Ltd, opposed the application on various grounds, including that the agreement did not meet the criteria for safety net approval.

The legal issues before the court were whether the agreement met the requirements for safety net approval under the Fair Work Act 2009 and whether the agreement was in the public interest. The court needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and leave entitlements, and whether it met the objectives of the Act. Additionally, the court needed to assess whether the agreement would have a detrimental effect on the public interest.

The Fair Work Commission found that the Dekorform Pty Ltd Agreement 2014 did not meet the criteria for safety net approval. The Commission determined that the agreement did not provide for fair and reasonable terms and conditions of employment and did not meet the objectives of the Act. The Commission also found that the agreement would have a detrimental effect on the public interest, as it would undermine the collective bargaining process and the rights of employees to bargain for better terms and conditions of employment. Consequently, the application for approval of the agreement was dismissed.

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