Construction, Forestry, Mining and Energy Union

[2013] FWCA 5200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2010)

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

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

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

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

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the The Laminex Group (Orange) Distribution (CFMEU) Agreement 2013. The Laminex Group is a significant employer in the distribution industry, and the CFMEU sought to have their enterprise agreement recognised and enforced as a registered agreement under the Fair Work Act 2009. The agreement covered various aspects of employment, including wages, working conditions, and dispute resolution mechanisms.

The primary legal issues the Commission had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act, and whether it was consistent with the objects of the Act, which include facilitating cooperative relationships between employers and employees and promoting high levels of job security. Additionally, the Commission considered whether the agreement was made in good faith and whether it provided for the proper administration of the workplace.

The Commission found that the agreement was made in good faith and contained provisions that were consistent with the objects of the Fair Work Act. It satisfied the necessary requirements for approval, including that it was free from any unlawful content and did not discriminate against any class of employee. The agreement included provisions for fair and reasonable terms and conditions of employment and provided for an effective dispute resolution process. Consequently, the Commission approved the agreement as a registered agreement, effective from 1 May 2013.

The Fair Work Commission approved the The Laminex Group (Orange) Distribution (CFMEU) Agreement 2013 as a registered agreement, effective from 1 May 2013. The decision was made on the basis that the agreement met the statutory requirements under the Fair Work Act, and it was consistent with the objects of the Act. This approval ensures that the terms and conditions of employment set out in the agreement are enforceable, and it provides a framework for resolving disputes between the employer and employees in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established