Construction, Forestry, Mining and Energy Union

[2014] FWCA 3647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1207)

SWEETMANS TIMBER PTY LTD ENTERPRISE AGREEMENT 2014

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 JUNE 2014

Application for approval of the Sweetmans Timber Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sweetmans Timber Pty Ltd Enterprise Agreement 2014 Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 9 June 2014. The nominal expiry date of the Agreement is1October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission for approval of the Sweetmans Timber Pty Ltd Enterprise Agreement 2014. Sweetmans Timber Pty Ltd opposed the application. The dispute centred on the nature and scope of the agreement, specifically whether it met the criteria for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement provided for the mandatory terms, and whether it was covered by a system of registered agreements.

The Commission found that the agreement contained all the mandatory terms required by the Fair Work Act. It provided for minimum rates of pay, penalties for exceeding ordinary hours of work, leave provisions, and the classification of employees. The agreement was also found to be covered by a system of registered agreements, as it was made between an employer and employees who were not small business employees. The Commission was satisfied that the agreement had been made in good faith and without coercion, and that it provided for the fair and equitable treatment of employees.

Based on the above findings, the Commission approved the Sweetmans Timber Pty Ltd Enterprise Agreement 2014. The employer's opposition to the application was dismissed. The agreement will now be registered and will apply to the employees covered by it. The approval of the agreement ensures that the employees will receive the protections and entitlements provided for in the agreement, and that their employment conditions are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established