Construction, Forestry, Mining and Energy Union

[2013] FWCA 6800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2649)

BIG RIVER GROUP - GRAFTON AND CFMEU ENTERPRISE BARGAINING AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 10 SEPTEMBER 2013

Application for approval of the Big River Group - Grafton and CFMEU Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Big River Group - Grafton and CFMEU Enterprise Bargaining 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 17 September 2013. The nominal expiry date of the Agreement is 30 June 2017.

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Big River Group - Grafton and CFMEU Enterprise Bargaining Agreement 2013. The Fair Work Commission (FWC) was asked to approve the agreement, which outlined the terms of employment between the Big River Group and its employees. The dispute centred around the terms of the agreement and whether it complied with the requirements of the Fair Work Act 2009.

The primary legal issue the FWC had to decide was whether the agreement was a "good faith" agreement, as required by the Fair Work Act. This involved examining whether the agreement was made without coercion and in good faith, and whether it contained the minimum terms and conditions as prescribed by the Act. Additionally, the FWC had to determine if the agreement met the requirements for "modern awards" and "employee protections."

In reaching its decision, the FWC considered the evidence presented by both parties and the provisions of the Fair Work Act. The FWC found that the agreement was made in good faith and without coercion, and that it contained the minimum terms and conditions as required by the Act. The FWC also determined that the agreement met the requirements for modern awards and employee protections. As a result, the FWC approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The FWC's decision was based on a thorough examination of the evidence and the relevant legislation. The FWC found that the agreement met the necessary requirements for approval and was in the best interests of the employees and employers involved. The FWC's approval of the agreement ensures that the terms of employment between the Big River Group and its employees are fair and compliant with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established