Allied Natural Wood Enterprises Pty Ltd Trading AS Pentarch Forestry
[2025] FWCA 1753
•27 MAY 2025
| [2025] FWCA 1753 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Allied Natural Wood Enterprises Pty Ltd Trading AS Pentarch Forestry
(AG2025/1330)
PENTARCH FORESTRY SWIFTS CREEK ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| COMMISSIONER FOX | MELBOURNE, 27 MAY 2025 |
Application for approval of the Pentarch Forestry Swifts Creek Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Pentarch Forestry Swifts Creek 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 Allied Natural Wood Enterprises Pty Ltd T/A Pentarch Forestry (the Employer). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).
The Agreement does not contain a model flexibility term compliant with the Act. Pursuant s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.
The Agreement is approved, and in accordance with s.54 of the Act, will operate from 3 June 2025. The nominal expiry date of the Agreement is 27 May 2028.
COMMISSIONER
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