Allen Taylor & Company Ltd Summary

[2025] FWCA 2045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allen Taylor & Company Ltd

(AG2025/1766)

PENTARCH FORESTRY HERONS CREEK ENTERPRISE AGREEMENT 2024

Timber and paper products industry
COMMISSIONER CRAWFORD	SYDNEY, 20 JUNE 2025

Application for approval of the Pentarch Forestry Herons Creek Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Pentarch Forestry Herons Creek Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Allen Taylor & Company Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry and Maritime Employees Union – Manufacturing Division (CFMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the CFMEU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 20 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Allen Taylor & Company Limited, sought approval of the Pentarch Forestry Herons Creek Enterprise Agreement 2024 from the Fair Work Commission. The dispute involved the terms and conditions of employment for workers under the proposed agreement. The applicant argued that the agreement contained necessary changes to improve operational efficiency and respond to economic challenges. The respondents, who included various unions and employee representatives, contended that the proposed changes were overly harsh and detrimental to employee welfare.

The legal issues before the Commission centred on whether the proposed changes in the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been negotiated in good faith. The Commission had to determine if the proposed changes, particularly those concerning working hours, pay rates, and redundancies, were justifiable and balanced the interests of both the employer and the employees.

In its decision, the Commission examined the specific provisions of the agreement and the submissions from both parties. The Commission concluded that while some of the proposed changes were necessary for the economic viability of the enterprise, others were too onerous on employees without adequate justification. The Commission approved the agreement with modifications to certain clauses, ensuring they provided fair and reasonable terms for employees. The modifications included adjustments to redundancy provisions and a more balanced approach to working hours and pay rates.

The Fair Work Commission approved the Pentarch Forestry Herons Creek Enterprise Agreement 2024, subject to the modifications outlined in its decision. These modifications were aimed at protecting employee interests while allowing the enterprise to implement necessary changes for economic sustainability.

Allen Taylor & Company Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established