Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2012/13097)

CANTERBURY WINDOWS AND DOORS ENTERPRISE AGREEMENT 2012

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 1 MARCH 2013

Application for approval of the Canterbury Windows and Doors Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Canterbury Windows and Doors 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 8 March 2013. The nominal expiry date of the Agreement is 30 November 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union sought approval for the Canterbury Windows and Doors Enterprise Agreement 2012. The dispute arose from disagreements about the fairness and appropriateness of the proposed agreement under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, an Australian workplace relations tribunal with jurisdiction over employment and industrial relations matters.

The central legal issue before the Commission was whether the agreement was fair and appropriate, as required by section 235 of the Act. This involved assessing whether the agreement provided for fair wages and conditions, and whether it had been genuinely negotiated between the employer and the union. The Commission considered the balance of rights and obligations, the nature of the bargaining process, and the overall fairness of the agreement.

The Commission found that the agreement was fair and appropriate, noting that it provided for a reasonable balance of rights and obligations and that it had been genuinely negotiated. The Commission also considered the economic context in which the agreement was made and found that it was appropriate given the circumstances. Consequently, the Commission approved the agreement, recognising it as a valid and binding enterprise agreement.

As a result of the Commission's decision, the Canterbury Windows and Doors Enterprise Agreement 2012 was approved and became legally binding on the parties. This decision provided clarity and certainty for the employers and employees covered by the agreement, resolving the dispute over its fairness and appropriateness.

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