DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/847)

MARANT INDUSTRIES PTY LTD MARANT INDUSTRIES AND CFMEU ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 APRIL 2017

Application for approval of the Marant Industries Pty Ltd Marant Industries and CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Marant Industries Pty Ltd Marant Industries and CFMEU Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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] 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.

[4] The Agreement was approved on 10 April 2017 and, in accordance with s.54, will operate from 17 April 2017. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of the Marant Industries Pty Ltd Marant Industries and CFMEU Enterprise Agreement 2015. The respondent, Marant Industries Pty Ltd, contested the application on the basis that the agreement did not meet the requirements under the Fair Work Act 2009 (Cth). The matter was heard in the Federal Circuit Court of Australia.

The court was required to determine whether the agreement met the Fair Work Act's criteria for enterprise agreements, including whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The court also had to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth).

The court found that the agreement met the requirements of the Fair Work Act and its regulations. The court held that the agreement provided for fair and reasonable terms and conditions, and that it was made in good faith and without coercion. The court also found that the agreement complied with the relevant legislation, and that it was in the best interests of the employees. The application for approval was therefore granted.

The court ordered that the Marant Industries Pty Ltd Marant Industries and CFMEU Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered by the Fair Work Commission, and the approval was to be effective from the date of registration. The respondent's application for costs was dismissed.

Construction, Forestry, Mining and Energy Union

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established