Allen Taylor & Company Limited Trading AS Pentarch Forestry Summary

[2025] FWCA 2123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Allen Taylor & Company Limited Trading AS Pentarch Forestry

(AG2025/1801)

PENTARCH FORESTRY KOOLKHAN ENTERPRISE AGREEMENT

2024

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 JUNE 2025

Application for approval of the Pentarch Forestry Koolkhan Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Pentarch Forestry Koolkhan Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Allen Taylor & Company Limited Trading AS Pentarch Forestry. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject the undertaking referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 June 2025. The nominal expiry date of the Agreement is 3 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allen Taylor & Company Limited, trading as Pentarch Forestry, applied to the Fair Work Commission for approval of the Pentarch Forestry Koolkhan Enterprise Agreement 2024. The application was made under section 232 of the Fair Work Act 2009. The agreement was negotiated between the company and the Retail and Hospitality Workers Union, representing the employees.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was "better off overall" for the employees and if it was made in good faith. The application was contested by the union, which argued that the agreement did not adequately protect employee conditions and entitlements.

In considering the application, the Commission examined the provisions of the agreement, the bargaining process, and the evidence presented by both parties. The Commission noted that the agreement provided for wage increases, improved leave provisions, and additional entitlements that were beneficial to the employees. The Commission also found that the agreement was negotiated in good faith, with both parties engaging constructively throughout the process. Based on this, the Commission concluded that the agreement met the statutory criteria for approval.

The Commission approved the Pentarch Forestry Koolkhan Enterprise Agreement 2024, finding that it was fair and appropriate under the Fair Work Act. The agreement is now binding on the parties and will govern the employment conditions of the employees for the specified period.

Allen Taylor & Company Limited Trading AS Pentarch Forestry

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established