DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2779)

TIMCO PTY LTD AND CFMEU, SALISBURY AND LONSDALE COLLECTIVE AGREEMENT 2017-2020

Timber and paper products industry
COMMISSIONER MCKINNON	MELBOURNE, 9 AUGUST 2017

Application for approval of the Timco Pty Ltd and CFMEU, Salisbury and Lonsdale Collective Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Timco Pty Ltd and CFMEU, Salisbury and Lonsdale Collective Agreement 2017-2020. (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2017. The nominal expiry date of the Agreement is 15 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Timco Pty Ltd and CFMEU, Salisbury and Lonsdale Collective Agreement 2017-2020. The Construction, Forestry, Mining and Energy Union (CFMEU) sought to have the agreement approved, which was a matter that required the intervention of the Fair Work Commission. The legal dispute centred on whether the agreement complied with the relevant legislative framework and whether it was fair and reasonable in terms of the parties' entitlements and obligations.

The court had to decide whether the collective agreement met the criteria set out in the Fair Work Act 2009. This included assessing if the agreement was made in good faith, if it provided for the terms and conditions of employment in an efficient, productive and flexible manner, and if it was consistent with the national system for the resolution of industrial matters. The court also needed to determine if the agreement contained appropriate mechanisms for the resolution of disputes and whether it was fair and reasonable in terms of the parties' entitlements and obligations.

In making its decision, the court examined the terms of the agreement in detail, considering the submissions of both parties. It found that the agreement was made in good faith and provided for the terms and conditions of employment in an efficient, productive and flexible manner. The court also concluded that the agreement was consistent with the national system for the resolution of industrial matters and contained appropriate mechanisms for the resolution of disputes. Furthermore, the court found that the agreement was fair and reasonable in terms of the parties' entitlements and obligations. As a result, the court approved the collective agreement as sought by the CFMEU.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established