Australian Sustainable Hardwoods Pty Ltd
[2023] FWCA 2566
•15 AUGUST 2023
| [2023] FWCA 2566 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Sustainable Hardwoods Pty Ltd
(AG2023/2657)
AUSTRALIAN SUSTAINABLE HARDWOODS PTY LTD COLLECTIVE AGREEMENT 2023
| Timber industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 15 AUGUST 2023 |
Application for approval of the Australian Sustainable Hardwoods Pty Ltd Collective Agreement 2023
An application has been made for approval of an enterprise agreement known as the Australian Sustainable Hardwoods Pty Ltd Collective Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Sustainable Hardwoods Pty Ltd. The Agreement is a single enterprise agreement.
I was concerned that clause 21.10 of the Agreement which states that notification of non-work attendance is required as soon as possible and at least within 4 hours of commencement of shift may apply in a manner inconsistent with the National Employment Standards (NES).
In response the employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. A copy of the undertaking was provided to all bargaining representatives. No objection was raised. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertaking is 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 and 190 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.
The Construction, Forestry, Maritime, Mining & Energy 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 was approved on 15 August 2023 and, in accordance with s.54, will operate from 22 August 2023. The nominal expiry date of the Agreement at clause 4 is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE521127 PR765221>
Annexure A
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