Construction, Forestry, Mining and Energy Union

[2013] FWCA 5272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2097)

TIMBERLINK AUSTRALIA TARPEENA SITE ENTERPRISE AGREEMENT 2013

Timber and paper products industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 AUGUST 2013

Application for approval of the Timberlink Australia Tarpeena Site Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Timberlink Australia Tarpeena Site 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 - FFPD and Timberlink Australia. The Agreement is a single-enterprise agreement.

[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 Construction, Forestry, Mining and Energy Union - FFPD and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2013. The nominal expiry date of the Agreement is 30 June 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of the Timberlink Australia Tarpeena Site Enterprise Agreement 2013 before the Fair Work Commission. The agreement was intended to regulate the employment terms and conditions of workers employed at Timberlink Australia's Tarpeena site. The union argued that the agreement should be approved as it had been negotiated in good faith and met the requirements of the Fair Work Act 2009. The application was opposed by the Australian Building and Construction Commission, which argued that the agreement did not provide for adequate protections for employees.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under section 231 of the Fair Work Act 2009. The Commission considered whether the agreement had been negotiated in good faith, whether it provided for appropriate protections for employees, and whether it met the other criteria set out in the Act. The Commission also considered whether the agreement was consistent with the principles of the National Employment Standards and the Fair Work Ombudsman's Enterprise Agreement Guidelines.

The Commission found that the agreement had been negotiated in good faith and met the requirements for approval under the Act. The Commission noted that the agreement provided for a range of protections for employees, including provisions for minimum wages and penalties, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement was consistent with the National Employment Standards and the Fair Work Ombudsman's guidelines. The Commission concluded that the agreement should be approved as it met all the statutory requirements for approval.

The Fair Work Commission approved the Timberlink Australia Tarpeena Site Enterprise Agreement 2013, finding that it met all the requirements for approval under the Fair Work Act 2009. The Commission noted that the agreement provided for appropriate protections for employees and was consistent with the National Employment Standards and the Fair Work Ombudsman's guidelines. The Commission's decision provides guidance to employers and employees on the types of provisions that are likely to be considered acceptable in an enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established