Allen Taylor & Company Ltd Summary

[2025] FWCA 2142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allen Taylor & Company Ltd

(AG2025/1883)

PENTARCH FORESTRY MURWILLUMBAH ENTERPRISE AGREEMENT 2024

Timber and paper products industry
COMMISSIONER CRAWFORD	SYDNEY, 30 JUNE 2025

Application for approval of the Pentarch Forestry Murwillumbah Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Pentarch Forestry Murwillumbah 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 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Allen Taylor & Company Ltd, applied for the approval of the Pentarch Forestry Murwillumbah Enterprise Agreement 2024. The agreement was proposed to replace the existing enterprise agreement and was intended to govern the employment conditions of the company's employees in the Murwillumbah region. The primary dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, specifically addressing aspects such as bargaining representativeness, good faith, and compliance with the Better Off Overall Test (BOOT). The Commission was tasked with determining whether the agreement achieved a better outcome for the employees than what was previously provided by the existing agreement or applicable awards.

The legal issues before the Commission involved assessing the validity of the bargaining process leading to the agreement, the adequacy of the agreement in meeting the BOOT, and whether any provisions in the agreement contravened the Fair Work Act. The applicant argued that the proposed agreement was the result of genuine bargaining efforts and would improve the employees' conditions. The respondents, who included employee representatives, contended that certain provisions did not adequately meet the BOOT and that there were procedural shortcomings in the bargaining process.

After thorough examination, the Commission found that the bargaining process was conducted in good faith and that the agreement met the requirements of the BOOT. The Commission acknowledged the improvements in the proposed agreement, which included enhanced leave provisions and remuneration adjustments, and determined that these changes would provide a better overall outcome for the employees. The Commission also addressed concerns about procedural fairness and concluded that the process adhered to the necessary legal standards. Consequently, the Commission approved the proposed enterprise agreement, finding it to be fair and compliant with the statutory requirements.

The Fair Work Commission approved the Pentarch Forestry Murwillumbah Enterprise Agreement 2024, effective from the date of the decision. The agreement was to replace the existing enterprise agreement and would govern the employment conditions of the company's employees in the Murwillumbah region. The decision was made on the basis that the agreement met the legal standards for approval, including the BOOT, and was the product of a genuine bargaining process.

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