Eco Timber Group Pty Ltd

[2013] FWCA 7814

FAIR WORK COMMISSION

DECISION

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

Eco Timber Group Pty Ltd
(AG2013/10726)

ECO TIMBER GROUP PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 OCTOBER 2013

Application for approval of the Eco Timber Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Eco Timber Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eco Timber Group Pty Ltd. 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 is approved and, in accordance with s.54, will operate from 15 October 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eco Timber Group Pty Ltd sought approval for the Enterprise Agreement (EA) with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was before the Fair Work Commission. The dispute centred on whether the EA met the requirements of the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the EA was appropriately negotiated and free from any unfair content.

The primary legal issue before the Commission was whether the EA was genuinely bargained for and did not contain any unfair provisions. The Commission needed to examine the negotiation process and assess whether the agreement was made in good faith. Additionally, the Commission had to determine if the terms of the EA were fair, considering the relevant factors outlined in the Fair Work Act.

The Fair Work Commission found that the EA was genuinely negotiated and contained no unfair provisions. The Commission was satisfied that the applicant had demonstrated a proper negotiation process. Furthermore, the terms of the EA were deemed fair and reasonable, taking into account the nature of the industry, the bargaining positions of the parties, and the overall public interest. Consequently, the Commission approved the EA.

The Fair Work Commission approved the Enterprise Agreement between Eco Timber Group Pty Ltd and the CFMEU, effective from 2011 to 2015. The Commission's decision was based on the finding that the EA was genuinely negotiated and did not contain any unfair provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established