DECISION

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

Australian Sustainable Hardwoods Pty Ltd
(AG2020/2024)

AUSTRALIAN SUSTAINABLE HARDWOODS PTY LTD COLLECTIVE AGREEMENT 2020

Timber and paper products industry
COMMISSIONER CIRKOVIC	MELBOURNE, 20 JULY 2020

Application for approval of the Australian Sustainable Hardwoods Pty Ltd Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Sustainable Hardwoods Pty Ltd Collective Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Sustainable Hardwoods Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Maritime, Mining and 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.

[4] The Agreement was approved on 20 July 2020 and, in accordance with s.54, will operate from 27 July 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Sustainable Hardwoods Pty Ltd applied to the Fair Work Commission for approval of the Australian Sustainable Hardwoods Pty Ltd Collective Agreement 2020. The company is an employer in the hardwood industry and the applicant is one of two registered trade unions representing its employees. The dispute concerned the application of the Fair Work Act 2009, particularly sections related to the approval of enterprise agreements. The primary issue before the Commission was whether the agreement met the legal standards for registration and approval under the Act.

The Commission considered various aspects of the agreement, including whether it complied with the procedural requirements set out in the Act and whether it contained permissible content. The company argued that the agreement was fairly negotiated and met all statutory requirements. The union supported the application, asserting that it provided fair and reasonable terms for its members. The Commission's analysis involved reviewing the negotiation process and the content of the agreement to ensure it complied with the Act's provisions. After thorough examination, the Commission found that the agreement satisfied the legal criteria for approval.

Accordingly, the Fair Work Commission approved the Australian Sustainable Hardwoods Pty Ltd Collective Agreement 2020. The decision confirmed that the agreement was fairly negotiated and met all statutory requirements. The approval of the agreement was upheld, ensuring that it would govern the employment terms and conditions for the specified period.

Australian Sustainable Hardwoods Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established