DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Sustainable Hardwoods Pty Ltd
(AG2017/6350)

AUSTRALIAN SUSTAINABLE HARDWOODS PTY LTD COLLECTIVE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 28 DECEMBER 2017

Application for approval of the Australian Sustainable Hardwoods Pty Ltd Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Sustainable Hardwoods Pty Ltd Collective Agreement 2017 (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.

[3] The Construction, Forestry, 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 is approved and, in accordance with s.54 of the Act, will operate from 4 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Sustainable Hardwoods Pty Ltd was the applicant seeking approval of a collective agreement from 2017. The application was brought before the Fair Work Commission (FWC). The applicant sought the FWC's approval under section 234 of the Fair Work Act 2009, for a collective agreement made between the applicant employer and its employees represented by the Australian Workers' Union. The dispute centred on the provisions of the agreement, particularly those related to penalty rates and shift differentials, and whether they complied with the relevant industrial laws and standards.

The legal issues before the FWC included whether the terms of the agreement met the statutory requirements for approval, particularly in relation to the penalty rates and shift differentials. The FWC had to determine if the terms provided fair and reasonable protections for the employees, and whether the agreement met the standards of the National Employment Standards and the applicable awards. The applicant argued that the agreement was fair and reasonable, while the union contended that certain provisions did not adequately protect the employees' entitlements.

The FWC examined the agreement in detail, considering the balance of the parties' submissions and the broader industrial context. The FWC concluded that the provisions of the agreement were fair and reasonable, and met the statutory requirements for approval. The FWC found that the agreement provided adequate protections for the employees and did not contravene the National Employment Standards or applicable awards. Accordingly, the FWC approved the Australian Sustainable Hardwoods Pty Ltd Collective Agreement 2017.

The FWC's decision was that the collective agreement was approved in its entirety, and it would be registered under the Fair Work Act 2009. This decision was made under the authority of the FWC to ensure that the agreement provided fair and reasonable protections for the employees, and complied with the relevant industrial laws and standards.

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