Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2210)

NIKOLSONS PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 8 AUGUST 2013

Application for approval of the Nikolsons Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Nikolsons Pty Ltd and CFMEU - FFPD 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 14 August 2013. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of the Nikolsons Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the agreement, which aimed to establish the terms and conditions of employment for workers at Nikolsons Pty Ltd. The Fair Work Commission was the court in this case, and the application was brought under the Fair Work Act 2009.

The primary legal issue for the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement was a "single interest" enterprise agreement and whether it contained any "unacceptable provisions." The Commission had to determine if the agreement was fairly and appropriately negotiated and if it provided for the protection of employees' rights and interests.

The Commission found that the agreement was a single interest enterprise agreement and was fairly and appropriately negotiated. The agreement contained provisions that provided for the protection of employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement did not contain any unacceptable provisions and approved the agreement under the Fair Work Act.

As a result of the approval, the Nikolsons Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013 is now a legally binding agreement between Nikolsons Pty Ltd and its employees represented by the CFMEU. The agreement sets out the terms and conditions of employment for employees at Nikolsons Pty Ltd, including their wages, leave entitlements, and dispute resolution mechanisms. The approval of the agreement ensures that employees are protected under a fair and appropriately negotiated agreement.

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