DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union - FFPD No. 1 Branch - Victorian Divisional District
(AG2015/1237)

CMT (SA) PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2015

Timber and paper products industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 11 JUNE 2015

Application for approval of the CMT (SA) Pty Ltd Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CMT (SA) Pty Ltd Employee Collective 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 (CFMEU) and CMT (SDA) Pty Ltd. The Agreement is a single-enterprise agreement.

[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 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) of the Act, I note that the Agreement covers this organisation.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2015. The nominal expiry date of the Agreement is 18 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union - FFPD No. 1 Branch - Victorian Divisional District was involved in a dispute over the approval of a collective agreement for employees of CMT (SA) Pty Ltd. The case was heard in the Fair Work Commission, which is responsible for resolving workplace disputes and overseeing the implementation of the Fair Work Act 2009. The union sought approval of the Employee Collective Agreement 2015, which it had negotiated on behalf of the employees. The key legal issues before the Commission were whether the agreement met the necessary criteria for approval under the Fair Work Act and whether it complied with the applicable industrial instruments and relevant legislation.

The Commission examined the agreement in detail, considering its provisions in light of the statutory requirements and the broader industrial context. It assessed whether the agreement contained the minimum entitlements prescribed by the Act and whether it was fair and reasonable. The Commission also considered whether the agreement would promote harmonious, productive, and cooperative workplace relations, as required by the legislation. The union argued that the agreement was fair and reasonable, while the employer contended that certain provisions were not in line with the statutory minimum entitlements. After careful consideration, the Commission found that the agreement was generally in compliance with the Act and met the necessary criteria for approval. The Commission determined that the agreement would facilitate improved workplace relations and was fair and reasonable.

The Fair Work Commission approved the Employee Collective Agreement 2015, subject to certain conditions and modifications. The agreement was deemed to be a valid and binding instrument, applicable to the employees of CMT (SA) Pty Ltd. The Commission's decision provided clarity on the legal issues and ensured that the agreement would operate within the framework of the Fair Work Act and the broader industrial relations system. This outcome resolved the dispute and provided a clear pathway for the implementation of the agreement in the workplace.

Construction, Forestry, Mining and Energy Union - FFPD No. 1 Branch - Victorian Divisional District

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established