Allen Taylor & Company Ltd Summary

[2023] FWCA 1173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allen Taylor & Company Ltd

(AG2023/914)

PENTARCH FORESTRY KOOLKHAN ENTERPRISE AGREEMENT 2022

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 24 APRIL 2023

Application for approval of the Pentarch Forestry Koolkhan Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Pentarch Forestry Koolkhan Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allen Taylor & Company Ltd. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2023. The nominal expiry date of the Agreement is 31 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Allen Taylor & Company Ltd, applied to the Fair Work Commission for the approval of the Pentarch Forestry Koolkhan Enterprise Agreement 2022. The respondents to the application included the trade unions involved in the negotiation of the agreement and the employees covered by the agreement. The nature of the dispute was the validity and fairness of the proposed enterprise agreement, focusing on its compliance with the Fair Work Act 2009 and the principles of good faith bargaining. The matter was heard by the Fair Work Commission, an Australian independent statutory body with jurisdiction over employment relations and workplace disputes.

The legal issues before the Commission were whether the agreement was made in good faith, whether it complied with the procedural and substantive requirements of the Fair Work Act, and whether it met the test of being a better off overall test (BOOT) for the employees. The Commission had to assess if the agreement was fair and reasonable, considering the interests of both employers and employees, and if it had been properly negotiated.

The Fair Work Commission found that the agreement was made in good faith and that the negotiation process complied with the statutory requirements. The Commission considered the evidence provided by the applicant and the respondents, including the bargaining history, the terms of the agreement, and the submissions on its fairness and reasonableness. The Commission concluded that the agreement was fair and met the BOOT test, as it provided benefits to the employees that outweighed any detriments. The Commission approved the Pentarch Forestry Koolkhan Enterprise Agreement 2022, and it became legally binding on the parties.

The Commission's final order was the approval of the enterprise agreement, which would now govern the employment conditions of the employees covered by it. This decision was based on the findings that the agreement was made in good faith, met the procedural and substantive requirements of the Fair Work Act, and was fair and reasonable for the employees. The approval of the agreement was a significant outcome for the applicant and the unions involved, as it provided certainty and stability in the employment relations within the Pentarch Forestry Koolkhan.

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