Construction, Forestry, Mining and Energy Union

[2013] FWCA 3336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/1182)

BELMONT TIMBER ENTERPRISE AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 27 MAY 2013

Application for approval of the Belmont Timber Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Belmont Timber Enterprise 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.

[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 3 June 2013. The nominal expiry date of the Agreement is 18 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval for the Belmont Timber Enterprise Agreement 2013 from the Fair Work Commission. The union argued that the agreement was in the best interests of the employees it covered. The dispute centred on the terms of the agreement and whether they met the criteria for approval under the Fair Work Act 2009.

The central legal issues were whether the agreement provided appropriate protections for employees, if it was made in good faith, and if it contained the necessary procedural fairness. The union needed to demonstrate that the agreement was beneficial to the employees, that it was negotiated in good faith by both parties, and that the process of negotiation was fair.

The Fair Work Commission found that the agreement was beneficial to the employees as it provided protections that were better than those available under the relevant award. The Commission also found that the agreement was made in good faith and that the negotiation process was fair. The Commission approved the agreement, emphasising the importance of good faith bargaining and the need for agreements to provide better outcomes for employees than what is available under awards.

The Fair Work Commission approved the Belmont Timber Enterprise Agreement 2013, highlighting the importance of good faith in negotiations and the necessity for agreements to offer improved outcomes for employees compared to awards. This decision underscores the Commission's role in ensuring that enterprise agreements are fair and beneficial to employees, while also respecting the autonomy of the parties involved in the negotiation process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established