Allied Natural Wood Enterprises Pty Ltd Trading AS Pentarch Forestry

[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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CaseChat Overview and Summary

The applicant, Allied Natural Wood Enterprises Pty Ltd, trading as Pentarch Forestry, sought approval of the Pentarch Forestry Swifts Creek Enterprise Agreement 2024 from the Fair Work Commission. The application was made under the Fair Work Act 2009, seeking the Commission's determination that the agreement was appropriate for registration and that it should be approved as a registered agreement. The dispute centred on whether the agreement met the requirements for registration and approval as a single-enterprise agreement, including whether it complied with the procedural and substantive fairness tests.

The legal issues before the Commission included whether the agreement had been fairly negotiated and whether it included the necessary provisions for minimum terms and conditions of employment. Additionally, the Commission needed to determine if the agreement adequately protected the rights of employees and if it was consistent with the overarching objectives of the Fair Work Act. The applicant had to demonstrate that the agreement was made in good faith, without any coercion or undue influence, and that the process of negotiation and agreement was transparent and inclusive.

The Commission found that the agreement was fairly negotiated and met the requirements for registration. The applicant provided evidence that the negotiation process was inclusive and that employees had an opportunity to participate in the discussions. The agreement contained all necessary minimum terms and conditions, and it provided adequate protection for employees' rights. The Commission was satisfied that the agreement complied with the procedural and substantive fairness tests and was consistent with the objectives of the Fair Work Act. As a result, the Commission approved the agreement as a registered enterprise agreement.

The final order of the Commission was that the Pentarch Forestry Swifts Creek Enterprise Agreement 2024 be approved as a registered agreement, effective from the date of the Commission's decision. The agreement would now govern the employment terms and conditions for employees covered by the agreement, ensuring a fair and compliant framework for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established