Construction, Forestry, Mining and Energy Union

[2013] FWCA 1495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/440)

BOWEN AND POMEROY PTY LTD AND CFMEU - FORESTRY AND FURNISHING PRODUCTS DIVISION - TRADE OPERATIONS ENTERPRISE AGREEMENT 2012 - 2015

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 8 MARCH 2013

Application for approval of the Bowen and Pomeroy Pty Ltd and CFMEU - Forestry and Furnishing Products Division - Trade Operations Enterprise Agreement 2012 - 2015 .

[1] An application has been made for approval of a single-enterprise agreement known as the Bowen and Pomeroy Pty Ltd and CFMEU - Forestry and Furnishing Products Division - Trade Operations Enterprise Agreement 2012 - 2015 (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 (the 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 Union, 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 15 March 2013. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Bowen and Pomeroy Pty Ltd and the Construction, Forestry, Mining and Energy Union - Forestry and Furnishing Products Division. The dispute related to the approval of a trade operations enterprise agreement for the period of 2012 to 2015. The application for approval was brought before the Fair Work Commission. The primary legal issues that the court had to address were whether the enterprise agreement complied with the relevant statutory requirements and if it met the criteria for being a "trade operations agreement" under the Fair Work Act 2009.

In examining these issues, the court considered the provisions of the Fair Work Act 2009, specifically focusing on the criteria for a trade operations agreement. The court assessed whether the agreement was genuinely a trade operations agreement, which includes being between employers and employees in the same trade, and ensuring that the agreement was not contrary to public policy or unfair. The court also examined if the agreement was made in good faith and whether it provided for proper procedures for resolving disputes. The court found that the agreement met all the necessary criteria and was thus approved.

The court concluded that the enterprise agreement was compliant with the statutory requirements and fulfilled the criteria for a trade operations agreement. Consequently, the application for approval was successful. The court ordered that the Bowen and Pomeroy Pty Ltd and CFMEU - Forestry and Furnishing Products Division - Trade Operations Enterprise Agreement 2012 - 2015 be approved, effective from the date of the decision. This decision was made on the basis that the agreement was found to be fair and not contrary to public policy, thus meeting all the necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established