DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Bluegum Plantations Pty Ltd T/A Australian Bluegum Plantations
(AG2020/719)

AUSTRALIAN BLUEGUM PLANTATIONS ENTERPRISE AGREEMENT 2020

Timber and paper products industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 APRIL 2020

Application for approval of the Australian Bluegum Plantations Enterprise Agreement 2020.

[1] Australian Bluegum Plantations Pty Ltd T/A Australian Bluegum Plantations has made an application for the approval of an enterprise agreement known as the Australian Bluegum Plantations Enterprise Agreement 2020(the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 28 April 2020 and, in accordance with s 54, will operate from 5 May 2020. The nominal expiry date of the Agreement is 28 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Australian Bluegum Plantations Pty Ltd T/A Australian Bluegum Plantations, the Fair Work Commission was tasked with approving an enterprise agreement. The dispute centred around the proposed Australian Bluegum Plantations Enterprise Agreement 2020, which aimed to establish the terms and conditions of employment for the company's workers. The application for approval was made by the employer, Australian Bluegum Plantations, while the employees were represented by the National Tertiary Education Union. The Commission's role was to determine whether the agreement was in the best interests of the employees and complied with the relevant legislative framework.

The central legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the mandatory provisions of the Fair Work Act 2009. Additionally, the Commission had to assess whether the agreement was genuinely negotiated between the parties and whether it contained provisions that were no less favourable than the applicable awards or registered agreements. The Commission also considered whether the agreement adequately protected employees' rights and interests, including those of casual employees.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable, as it provided for terms and conditions of employment that were at least as favourable as the applicable awards or registered agreements. The Commission determined that the agreement was genuinely negotiated between the parties, as evidenced by the extensive consultation and bargaining process. The Commission also found that the agreement contained provisions that adequately protected employees' rights and interests, including those of casual employees. Accordingly, the Commission approved the Australian Bluegum Plantations Enterprise Agreement 2020, subject to the implementation of certain conditions. These conditions included the provision of a written statement to employees detailing the agreement's terms and the establishment of a dispute resolution process.

Australian Bluegum Plantations Pty Ltd T/A Australian Bluegum Plantations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established