Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/1572)

FORESTWORKS AND CFMEU COLLECTIVE EMPLOYMENT AGREEMENT 2012

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 2 JULY 2013

Application for approval of the ForestWorks and CFMEU Collective Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the ForestWorks and CFMEU Collective Agreement 2012 (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 (the CFMEU).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 19 June 2013.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2013. The nominal expiry date of the Agreement is 1 April 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the ForestWorks and CFMEU Collective Agreement 2012. The applicants, the Construction, Forestry, Mining and Energy Union (CFMEU), sought to have the agreement approved under section 234 of the Fair Work Act 2009. The respondents, ForestWorks, contested the application on the basis that the agreement did not meet the requirements of the Act. The dispute centred on the procedural fairness and the content of the agreement, particularly concerning the bargaining process and the provisions related to the classification of workers.

The legal issues before the court required examination of the process by which the agreement was reached and its compliance with the statutory provisions. The court needed to determine if the agreement was made in good faith, if the bargaining was conducted fairly, and if the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the court had to consider whether the bargaining process was conducted in a manner that was procedurally fair, and if the content of the agreement was consistent with the principles of the Act, including fairness to all parties involved.

The Commission found that the agreement was made in good faith and the bargaining process was procedurally fair. The court concluded that the CFMEU had adequately represented its members and that ForestWorks had engaged in the bargaining process in a manner consistent with the Act. Furthermore, the content of the agreement was deemed to be fair and did not contravene any provisions of the Act. The Commission approved the agreement, finding it to be in the best interest of the workers and compliant with all legal requirements.

The Fair Work Commission approved the ForestWorks and CFMEU Collective Agreement 2012, determining that it was fairly made and met the criteria for approval under the Fair Work Act. The decision underscored the importance of procedural fairness in the bargaining process and the need for agreements to align with the statutory framework. The court's approval of the agreement ensures that the rights and interests of the workers are protected and that the terms of employment are fair and lawful.

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