Australian Bluegum Plantations Pty Ltd T/A Australian Bluegum Plantations Summary

[2025] FWCA 482

FAIR WORK COMMISSION

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

(AG2024/4176)

AUSTRALIAN BLUEGUM PLANTATIONS PORTLAND CHIP TERMINAL ENTERPRISE AGREEMENT 2024

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 6 FEBRUARY 2025

Application for approval of the Australian Bluegum Plantations Portland Chip Terminal Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Australian Bluegum Plantations Portland Chip Terminal Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Bluegum Plantations Pty Ltd T/A Australian Bluegum Plantations. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 26 April 2023 and the Agreement was made on 11 October 2024.

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205A of the Act, the workplace delegates’ rights term at Clause 33A of the Timber Industry Award 2020 is taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees 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 13 February 2025. The nominal expiry date of the Agreement is 6 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Australian Bluegum Plantations Pty Ltd, trading as Australian Bluegum Plantations, which sought approval of the Australian Bluegum Plantations Portland Chip Terminal Enterprise Agreement 2024. The applicant aimed to have the agreement certified as a single interest employer agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which had the authority to decide on the matter.

The primary legal issue before the court was whether the enterprise agreement satisfied the requirements set out in the Fair Work Act 2009, specifically the criteria for being a single interest employer agreement. This required the Commission to consider whether the agreement was in the best interests of the employees and whether it met the other statutory prerequisites, including coverage of the agreement, the process by which it was made, and the extent to which it provided for the terms and conditions of employment.

The Fair Work Commission assessed the application and found that the agreement met all necessary statutory criteria. The Commission was satisfied that the agreement was made in good faith and that it covered a single interest employer situation. The Commission considered that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was in their best interests. Consequently, the Commission approved the application, certifying the agreement as a single interest employer agreement.

The Commission's final order was that the Australian Bluegum Plantations Portland Chip Terminal Enterprise Agreement 2024 be approved and certified as a single interest employer agreement under the Fair Work Act 2009, effective from the date of the decision.

Australian Bluegum Plantations Pty Ltd T/A Australian Bluegum Plantations

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established