Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9759)

LAMINEX PERTH DISTRIBUTION CENTRE AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 16 OCTOBER 2013

Application for approval of the Laminex Perth Distribution Centre Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Laminex Perth Distribution Centre 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 23 October 2013. The nominal expiry date of the Agreement is 13 September 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Australian Building and Construction Commission (ABCC). The CFMEU sought approval of the Laminex Perth Distribution Centre Agreement 2013, which had been made under the Fair Work Act 2009. The ABCC opposed the approval of the agreement, arguing that it contained provisions that were not fair and reasonable. The matter was heard in the Fair Work Commission.

The central legal issues before the court were whether the provisions in the agreement were fair and reasonable, and if they complied with the relevant provisions of the Fair Work Act. The CFMEU argued that the agreement was fair and reasonable and met the criteria set out in the Act, while the ABCC contended that several provisions were not in line with the Act and should not be approved. The court had to assess the provisions of the agreement against the statutory criteria to determine if they met the requirements for approval.

The court examined the provisions of the agreement in detail and found that while some provisions were fair and reasonable, others did not meet the criteria set out in the Fair Work Act. The court identified several issues with the provisions, including those related to the classification of employees and the imposition of certain conditions. The court concluded that the agreement did not meet the requirements for approval as some of the provisions were not fair and reasonable. Consequently, the court did not grant the CFMEU's application for approval of the Laminex Perth Distribution Centre Agreement 2013.

The court's decision resulted in the CFMEU's application for approval of the Laminex Perth Distribution Centre Agreement 2013 being dismissed. The agreement was not approved as it contained provisions that were not fair and reasonable and did not comply with the requirements of the Fair Work Act. The court's decision highlights the importance of ensuring that registered agreements meet the statutory criteria and are fair and reasonable for all parties involved.

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