Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/854)

EDUCATIONAL WRITING BOARDS ENTERPRISE AGREEMENT 2012

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 12 APRIL 2013

Application for approval of the Educational Writing Boards Enterprise Agreement 2012

[1] An application has been made for approval of a single-enterprise agreement known as the Educational Writing Boards Enterprise 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 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 19 April 2013. The nominal expiry date of the Agreement is 30 September 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Educational Writing Boards Enterprise Agreement 2012 by the Construction, Forestry, Mining and Energy Union. The agreement was in dispute as it was alleged that it did not meet certain requirements under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement should be approved, and if so, under what conditions.

The central legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The Commission had to consider whether the agreement had been made in accordance with the Act, whether it contained the necessary provisions for employee protection and fair terms, and whether it was made without undue influence or coercion. The Commission also needed to assess whether the agreement met the requirement of being in the best interests of the employees.

After considering the arguments and evidence presented, the Fair Work Commission determined that the agreement did not meet the necessary standards. The Commission found that there were procedural flaws in the way the agreement was made, and that certain provisions were not in the best interests of the employees. The Commission also found that the agreement did not contain all the required provisions for employee protection. As a result, the Commission refused to approve the agreement. However, the Commission did provide guidance on what changes needed to be made to the agreement in order for it to be approved in the future. The Commission also highlighted the importance of ensuring that enterprise agreements are made in a fair and transparent manner, and that they provide adequate protection for employees.

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