Construction, Forestry, Mining and Energy Union

[2013] FWCA 8808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9935)

M20 PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 8 NOVEMBER 2013

Application for approval of the M20 Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the M20 Pty Ltd 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 15 November 2013. The nominal expiry date of the Agreement is 31 January 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the M20 Pty Ltd and CFMEU - Fair Pay and Conditions (FFP) Enterprise Agreement 2013. The dispute arose from negotiations between the CFMEU and M20 Pty Ltd, a company involved in construction activities. The crux of the matter was whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly in terms of its compliance with the Fair Pay and Conditions Standard.

The central legal issues the Commission needed to address were whether the agreement was a "genuine agreement" within the meaning of the Fair Work Act, and whether it contained terms that were fair and reasonable. The Commission also considered the extent to which the agreement met the requirements for covering matters prescribed by the Act, and if it included any terms that were contrary to public policy or otherwise invalid.

The Fair Work Commission found that the agreement was a genuine one, as it had been negotiated in good faith and covered all the necessary matters as prescribed by the Fair Work Act. The Commission emphasised that the agreement contained terms that were fair and reasonable, taking into account the nature of the industry and the parties' bargaining positions. After a thorough examination of the terms, the Commission concluded that the agreement did not contain any provisions that were contrary to public policy or otherwise invalid. Consequently, the application for approval was successful.

The Commission approved the M20 Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013, thereby resolving the dispute. The decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and contain terms that are reasonable and in line with the legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established