Construction, Forestry, Mining and Energy Union

[2013] FWCA 3597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/1303)

DURAFORM PRODUCTS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013-2017

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 4 JUNE 2013

Application for approval of the Duraform Products Australia Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the Duraform Products Australia Pty Ltd Enterprise Agreement 2013-2017 (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). 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 28 May 2013.

[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 11 June 2013. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union, the Fair Work Commission was presented with an application for the approval of the Duraform Products Australia Pty Ltd Enterprise Agreement 2013-2017. The dispute involved the union and the employer, Duraform Products Australia Pty Ltd, regarding the terms and conditions of employment as outlined in the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, if it included the requisite minimum terms and conditions, and if it satisfied the procedural requirements as mandated by the Act. Additionally, the Commission needed to assess whether the agreement provided for fair and reasonable terms, ensuring that it did not undermine the existing protections afforded to employees under the national workplace relations system.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, found that the Duraform Products Australia Pty Ltd Enterprise Agreement 2013-2017 met the statutory requirements for approval. The Commission concluded that the agreement had been genuinely negotiated between the employer and the union, included all the necessary minimum terms, and adhered to the procedural guidelines stipulated by the Fair Work Act. The agreement was deemed to provide fair and reasonable terms for the employees, without undermining existing protections. As a result, the Commission approved the enterprise agreement.

The Commission's decision was grounded in the comprehensive evidence presented, which demonstrated compliance with the legislative requirements. The approval of the agreement was formally recorded, and the enterprise agreement was implemented as per the terms outlined, effective from the specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established