Construction, Forestry, Mining and Energy Union

[2014] FWCA 3920

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1243)

BORG PANELS PTY LTD OBERON SITE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 JUNE 2014

Application for approval of the Borg Panels Pty Ltd Oberon Site Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Borg Panels Pty Ltd Oberon Site Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 June 2014. The nominal expiry date of the Agreement is 31 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Borg Panels Pty Ltd sought approval for the Borg Panels Pty Ltd Oberon Site Enterprise Agreement 2014, which was being challenged by the Construction, Forestry, Mining and Energy Union. The dispute centred around the validity and fairness of the proposed agreement under the Fair Work Act 2009. The case was heard and determined by the Fair Work Commission, the primary federal workplace relations tribunal in Australia.

The central legal issues revolved around whether the agreement met the requirements of the Fair Work Act, specifically whether it was "independently negotiated", "in writing" and "free of coercion, undue influence or harassment". Additionally, the court had to consider whether the agreement was "fair", taking into account various factors such as the nature of the work, the parties' bargaining power, and the overall terms and conditions of employment.

The Fair Work Commission examined the process by which the agreement was negotiated and found it to be independent and free from any undue influence. The Commission concluded that the agreement was in writing and satisfied the "independently negotiated" criterion. It also found the agreement to be fair, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. Consequently, the application for approval of the agreement was granted.

The Fair Work Commission approved the Borg Panels Pty Ltd Oberon Site Enterprise Agreement 2014, recognising it as a legitimate and fair agreement between the employer and the union. The decision underscored the importance of independent negotiation and the need for workplace agreements to be both in writing and fair, in line with the principles set out in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established