Construction, Forestry, Mining and Energy Union

[2013] FWCA 10094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/10499)

SUPAREST BEDDING PTY LTD (T/AS A.H. BEARD) AND CFMEU - FFPD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 20 DECEMBER 2013

Application for approval of the Suparest Bedding Pty Ltd (T/as A.H. Beard) and CFMEU - FFPD Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Suparest Bedding Pty Ltd (T/as A.H. Beard) and CFMEU - FFPD Enterprise Agreement 2013 (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 (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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 31 May 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of the Enterprise Agreement between Suparest Bedding Pty Ltd, trading as A.H. Beard, and the Construction, Forestry, Mining and Energy Union – First Fleet Power Division (CFMEU-FFPD). The application was heard by the Fair Work Commission (FWC). The primary issue before the FWC was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether it contained all the mandated minimum terms and conditions, and whether it had been fairly negotiated and was in the best interests of the employees.

The FWC meticulously reviewed the terms of the proposed enterprise agreement, examining each clause to ensure compliance with the minimum standards prescribed by the Fair Work Act. The Commission considered evidence from both parties regarding the negotiation process and whether it was conducted in good faith. The FWC also assessed the agreement's impact on the employees, focusing on whether it provided a fair and reasonable outcome for them. After thorough deliberation, the FWC found that the agreement satisfied all statutory requirements, including that it was negotiated in good faith and contained all the mandated minimum terms. The Commission concluded that the agreement was fair and reasonable and in the best interests of the employees.

Consequently, the FWC approved the Enterprise Agreement between Suparest Bedding Pty Ltd and the CFMEU-FFPD. The approval ensures that the agreement will govern the employment conditions of the employees, providing them with a framework that meets legal standards and protects their interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established