Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2446)

SCA HYGIENE AUSTRALASIA PTY LTD 2013 BOX HILL SITE AGREEMENT

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

Application for approval of the SCA Hygiene Australasia Pty Ltd 2013 Box Hill Site Agreement.

[1] An application has been made for approval of a single-enterprise agreement known as the SCA Hygiene Australasia Pty Ltd 2013 Box Hill Site Agreement (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 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of an enterprise agreement, specifically the SCA Hygiene Australasia Pty Ltd 2013 Box Hill Site Agreement. The dispute arose between the Construction, Forestry, Mining and Energy Union, acting on behalf of the employees, and the employer, SCA Hygiene Australasia Pty Ltd. The primary focus of the case was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue that the Commission had to resolve was whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, including provisions for minimum wages and conditions, and whether it complied with the 'better off overall test'. This test requires that employees should not be worse off financially under the new agreement compared to their existing terms and conditions. Additionally, the Commission needed to ensure that the agreement had been made in good faith and that the necessary consultation processes had been followed.

After carefully examining the agreement and the evidence provided by both parties, the Commission found that the proposed agreement met all the statutory requirements. The Commission determined that the agreement included all mandatory terms and satisfied the 'better off overall test'. Furthermore, the Commission was satisfied that the agreement had been made in good faith, with appropriate consultation processes undertaken. Consequently, the Commission approved the SCA Hygiene Australasia Pty Ltd 2013 Box Hill Site Agreement.

As a result of the Commission's decision, the agreement was approved and became legally binding on the employer and the employees covered by the agreement. This decision ensured that the employees would benefit from the terms and conditions outlined in the enterprise agreement, while also complying with the statutory obligations 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