Construction, Forestry, Mining and Energy Union

[2013] FWCA 5195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2011)

THE LAMINEX GROUP (WAGGA WAGGA) DISTRIBUTION (CFMEU) AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 30 JULY 2013

Application for approval of The Laminex Group (Wagga Wagga) Distribution (CFMEU) Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as The Laminex Group (Wagga Wagga) Distribution (CFMEU) 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 6 August 2013. The nominal expiry date of the Agreement is 1 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Mining and Energy Union sought approval of the The Laminex Group (Wagga Wagga) Distribution (CFMEU) Agreement 2013. The case was heard in the Fair Work Commission, with the primary focus on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The dispute arose from the contention that the agreement did not adequately cover certain employment terms, and whether it could be approved despite these shortcomings.

The legal issues before the court were centered on the interpretation of the Fair Work Act 2009 and its provisions regarding the approval of enterprise agreements. Specifically, the court had to determine if the agreement was a "genuine" enterprise agreement as defined by the Act, and whether it complied with the procedural and substantive requirements for approval. This involved an examination of whether the agreement was made by a genuine majority of the employees and whether it met the "better off overall test" which ensures that employees are not worse off as a result of the agreement.

The Fair Work Commission found that the agreement did meet the requirements for approval. The Commission noted that the agreement had been made with a genuine majority of the employees and that it satisfied the better off overall test. The Commission also considered the procedural fairness of the agreement-making process and concluded that it was conducted in a manner that was compliant with the Act. The court was satisfied that the agreement was fair and met all necessary criteria for approval under the Fair Work Act 2009.

As a result of the court's decision, the Fair Work Commission approved the The Laminex Group (Wagga Wagga) Distribution (CFMEU) Agreement 2013. This approval ensures that the agreement is legally binding and enforceable, providing certainty and protection for both the employees and the employer under the terms set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established