Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2012)

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

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

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

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

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the The Laminex Group (Woollongong) Distribution (CFMEU) Agreement 2013 under the Fair Work Act 2009. The application was opposed by the employer, The Laminex Group. The dispute centred around the fairness and content of the proposed agreement, with the employer arguing that certain provisions were not fair and reasonable. The Fair Work Commission heard the matter.

The central legal issue for the Commission was whether the provisions of the agreement were fair and reasonable. This involved a detailed examination of the agreement's content, its compliance with the Fair Work Act, and its impact on the parties involved. The Commission had to determine whether the provisions were necessary to protect the interests of the employees and whether they were fair in the context of the overall agreement.

The Commission found that the provisions of the agreement were fair and reasonable. It considered the nature of the industry, the specific circumstances of the employees, and the balance of interests between the parties. The Commission determined that the provisions were necessary to protect the employees' interests and were fair in the overall context of the agreement. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the The Laminex Group (Woollongong) Distribution (CFMEU) Agreement 2013. The decision is significant for its detailed consideration of the fairness and reasonableness of the agreement's provisions, providing a clear precedent for similar agreements in the 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