DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5094)

GUNNERSEN ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 4 OCTOBER 2016

Application for approval of the Gunnersen Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gunnersen Enterprise Agreement 2016 (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] 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 11 October 2016. The nominal expiry date of the Agreement is 18 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Gunnersen Enterprise Agreement 2016 from the Fair Work Commission (FWC). The agreement was in relation to the employment of workers in the quarrying and earthmoving industry. The dispute centred around whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The primary issue was whether the agreement fairly reflected the terms and conditions of employment of the employees covered by the agreement.

The court had to determine whether the agreement satisfied the "better off overall test" (BOOT) as required by section 233 of the Fair Work Act. This test required the court to ensure that the agreement would be better for the employees overall, compared to the applicable award or other relevant agreement. The court also needed to assess whether the agreement complied with the procedural requirements, including proper consultation and notice provisions, as mandated by the Fair Work Act.

After considering the evidence and arguments presented by the parties, the FWC concluded that the agreement met the BOOT and all other legal criteria for approval. The FWC found that the agreement provided employees with improved wages and conditions, and that the consultation process was adequate. The FWC approved the Gunnersen Enterprise Agreement 2016, finding that it was fair and reasonable in all the circumstances.

The FWC made an order approving the Gunnersen Enterprise Agreement 2016, effective from 1 July 2016. The CFMEU was authorised to register the agreement with the Australian Industrial Relations Commission. The decision highlighted the importance of ensuring that enterprise agreements provide genuine benefits to employees and comply with the necessary legal requirements.

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