Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9900)

LAMINEX WA METROPOLITAN STORES AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 29 OCTOBER 2013

Application for approval of the Laminex WA Metropolitan Stores Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Laminex WA Metropolitan Stores 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 as are relevant to this application for approval have been met.

[3] The CFMEU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 November 2013. The nominal expiry date of the Agreement is 5 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union filed an application for the approval of the Laminex WA Metropolitan Stores Agreement 2013 with the Fair Work Commission. The dispute centred on whether the agreement met the criteria for being a "small business" agreement, as defined under the Fair Work Act 2009. The Laminex WA Metropolitan Stores Agreement 2013 was proposed as a modern award to cover employees working in the Laminex stores within the metropolitan area of Western Australia.

The legal issues before the court involved interpreting the definition of a "small business" agreement under the Fair Work Act 2009 and determining whether the Laminex WA Metropolitan Stores Agreement 2013 satisfied these criteria. This included examining the size and structure of the business, the nature of the work performed by the employees, and whether the agreement provided for appropriate flexibility and efficiency in the workplace. The court had to balance the need for streamlined agreements with the protection of employee rights.

The Fair Work Commission concluded that the Laminex WA Metropolitan Stores Agreement 2013 did indeed qualify as a "small business" agreement. The Commission found that the business met the size and structure requirements and that the agreement provided for necessary flexibility and efficiency without undermining employee rights. The Commission approved the agreement, finding that it was in the best interest of the employees and the business to have a streamlined agreement tailored to their specific circumstances.

The Commission issued an order approving the Laminex WA Metropolitan Stores Agreement 2013 as a "small business" agreement, effective from the date of the decision. This approval allows the agreement to be used as a modern award for employees working in the Laminex stores within the metropolitan area of Western Australia. The decision highlights the importance of tailored agreements that meet the specific needs of small businesses while ensuring that employee rights are protected.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established