Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2007)

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

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

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

[1] An application has been made for approval of a single-enterprise agreement known as The Laminex Group (Canberra) 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 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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the The Laminex Group (Canberra) Distribution (CFMEU) Agreement 2013. The applicant argued that the agreement contained appropriate dispute resolution mechanisms and that it was fit for the purpose of being made. The respondent, Laminex Group, opposed the application, arguing that the agreement contained inadequate dispute resolution provisions and was not fit to be made. The case was heard by the Fair Work Commission.

The primary legal issue was whether the agreement contained appropriate dispute resolution mechanisms and whether it was fit to be made. The agreement proposed a multi-step dispute resolution process, starting with an internal review and progressing to conciliation, mediation and ultimately arbitration. The Fair Work Commission had to determine whether this process was adequate to resolve disputes in an efficient and fair manner. Another issue was whether the agreement complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission held that the dispute resolution process proposed in the agreement was appropriate. The Commission found that the process provided a fair and efficient means of resolving disputes between the parties. The Commission also found that the agreement was fit to be made as it complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for a range of dispute resolution mechanisms and that the parties had demonstrated a willingness to use these mechanisms in good faith.

The Fair Work Commission approved the The Laminex Group (Canberra) Distribution (CFMEU) Agreement 2013. The agreement was deemed to be appropriate and fit for the purpose of being made. The Commission found that the dispute resolution process provided in the agreement was fair and efficient and that the agreement complied with the requirements of the Fair Work Act. The agreement was approved and will now be used to govern the employment of workers in the relevant industry.

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