Construction, Forestry, Mining and Energy Union

[2013] FWCA 9438

The attached document replaces the document previously issued with the above code on 2 December 2013.

The attached document corrects a typographical error in the Agreement title at various places in the Agreement.

Patti Ladd

Associate to Commissioner Blair

Dated 3 December 2013

[2013] FWCA 9438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9964)

BORG PANELS PTY LTD OBERON SITE ENTERPRISE AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 2 DECEMBER 2013

Application for approval of the Borg Panels Pty Ltd Oberon Site Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Borg Panels Pty Ltd Oberon Site 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2013. The nominal expiry date of the Agreement is 31 March 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, the applicant, and Borg Panels Pty Ltd, the respondent, the Fair Work Commission was asked to consider the approval of a new enterprise agreement. This application arose out of negotiations between the union and the employer regarding conditions of employment for the workers at Borg Panels' Oberon site.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of its coverage, procedural fairness in the negotiation process, and compliance with the ‘better off overall test’. The Commission had to assess if the agreement was genuinely negotiated, if the negotiation process was fair, and if the agreement provided employees with a better overall outcome compared to their previous conditions.

The Fair Work Commission carefully examined the evidence presented on the negotiation process, finding it to be procedurally fair and genuinely negotiated. It further determined that the agreement provided employees with a better overall outcome, including improved wages, leave provisions, and other conditions of employment. Consequently, the Commission approved the Borg Panels Pty Ltd Oberon Site Enterprise Agreement 2013. The decision was made on the basis that the agreement fulfilled all legal requirements and represented a fair and equitable outcome for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established