DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5295)

WILLIAM RUSSELL DOORS ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2016

Application for approval of the William Russell Doors Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the William Russell Doors 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 13 October 2016 and, in accordance with s.54, will operate from 20 October 2016. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission for approval of the William Russell Doors Enterprise Agreement 2015. The applicant union claimed the agreement was a protected action [PA] agreement as defined in the Fair Work Act 2009, which would exempt it from the dispute provisions of the Act. The employer, William Russell Doors, did not contest the union's application on the basis of the agreement being a PA agreement but raised concerns regarding certain clauses in the agreement. The Commission was required to determine whether the agreement was a PA agreement and, if so, whether the employer's concerns warranted refusal of approval.

The primary legal issue was whether the agreement was a PA agreement, which requires that the agreement be in writing, be in the form of an enterprise agreement, and relate to employees engaged in an industrial activity and their employers. The employer did not dispute that the agreement met these criteria. The employer's concerns centred on specific clauses, including the provisions for the establishment of a Health and Safety Committee, and provisions regarding the calculation of penalty rates. The Commission considered the nature of these provisions and whether they were consistent with the requirements of a PA agreement.

The Commission determined that the agreement was a PA agreement, as it was in writing, was in the form of an enterprise agreement, and related to employees engaged in an industrial activity and their employers. The Commission found that the provisions for the establishment of a Health and Safety Committee were consistent with the requirements of a PA agreement. The Commission also found that the provisions regarding the calculation of penalty rates did not contravene the requirements of a PA agreement. The Commission concluded that the employer's concerns did not warrant refusal of approval.

The Fair Work Commission approved the William Russell Doors Enterprise Agreement 2015 as a protected action agreement.

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