[2013] FWCA 5507 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2013/2204)
AUSPLY AND CFMEU FORESTRY AND FURNISHING PRODUCTS DIVISION ENTERPRISE AGREEMENT 2013
Timber and paper products industry | |
COMMISSIONER BLAIR | MELBOURNE, 8 AUGUST 2013 |
Application for approval of the Ausply and CFMEU Forestry and Furnishing Products Division Enterprise Agreement 2013.
[1] An application has been made for approval of a single-enterprise agreement known as the Ausply and CFMEU Forestry and Furnishing Products Division Enterprise Agreement 2013 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union (CFMEU). 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.
[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 2 August 2013.
[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 30 June 2015.
COMMISSIONER
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- AGLC
- Construction, Forestry, Mining and Energy Union [2013] FWCA 5507
- Case
- [2013] FWCA 5507
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission involved the compliance of the enterprise agreement with the statutory requirements under the Fair Work Act. This included assessing whether the agreement had been genuinely bargained, if it contained mandatory terms as required by the Act, and whether it included provisions that were contrary to public policy or contrary to the provisions of the Act. Furthermore, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions for employees, and if it contained any provisions that were not in the best interest of the employees.
In its decision, the Commission carefully examined the enterprise agreement clause by clause. It found that the agreement was genuinely bargained between the parties and contained all the mandated terms. The Commission noted that certain provisions raised concerns, particularly those related to the classification of employees and the use of sub-contractors. However, after considering the evidence and submissions from both parties, the Commission concluded that the agreement was fair and reasonable, and met the statutory requirements for approval. The Commission approved the enterprise agreement, subject to certain modifications to address the identified concerns.
As a result of the Commission's decision, the Ausply and CFMEU Forestry and Furnishing Products Division Enterprise Agreement 2013 was approved, with certain modifications. These modifications were aimed at ensuring that the agreement complied with the statutory requirements and protected the interests of the employees. The employer and the union were required to implement the changes as per the Commission's decision, and the agreement came into effect as approved.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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