Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2449)

GUNNERSEN ENTERPRISE AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 26 AUGUST 2013

Application for approval of the Gunnersen Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Gunnersen 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 2 September 2013. The nominal expiry date of the Agreement is 18 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Gunnersen Enterprise Agreement 2013. The agreement pertained to employment terms and conditions for workers within the quarrying and civil construction sectors. The application was brought before the Fair Work Commission, an Australian federal statutory body responsible for the resolution of workplace disputes and the enforcement of workplace laws.

The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest and if it provided for the fair and reasonable terms and conditions of employment. The CFMEU argued that the agreement was fair and reasonable, while some objectors contended that it did not adequately protect employees' rights and interests.

In its decision, the Fair Work Commission assessed the agreement against the statutory criteria set out in the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and was in the public interest. The Commission concluded that the agreement contained adequate provisions for minimum wages, entitlements, and conditions of employment, as well as provisions for dispute resolution and the protection of employees' rights.

The Fair Work Commission approved the Gunnersen Enterprise Agreement 2013, thereby resolving the dispute in favour of the CFMEU. The decision was based on the finding that the agreement met the statutory requirements and was in the public interest. The Commission's approval of the agreement meant that it would be registered and enforceable as a registered agreement under the Fair Work Act.

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