Australian Sustainable Hardwoods Pty Ltd

[2014] FWCA 280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Sustainable Hardwoods Pty Ltd
(AG2013/12805)

AUSTRALIAN SUSTAINABLE HARDWOODS PTY LTD COLLECTIVE AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 10 JANUARY 2014

Application for approval of the Australian Sustainable Hardwoods Pty Ltd Collective Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Australian Sustainable Hardwoods Pty Ltd Collective Agreement 2013 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 17 January 2014. The nominal expiry date of the Agreement is 15 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Sustainable Hardwoods Pty Ltd applied for approval of the Australian Sustainable Hardwoods Pty Ltd Collective Agreement 2013. The applicant sought to have the agreement approved by the Fair Work Commission. The application was made under the Fair Work Act 2009, with the applicant arguing that the agreement would ensure the continued viability of its business while providing fair and reasonable terms for its employees.

The legal issues before the court included whether the agreement was a genuine agreement between the parties, whether the agreement was in the public interest, and whether the agreement provided for fair and reasonable terms and conditions for the employees. The court considered the evidence and submissions provided by the parties and examined the provisions of the agreement to determine whether it met the statutory requirements for approval.

The court found that the agreement was a genuine agreement between the parties and that it was in the public interest. The court also found that the agreement provided for fair and reasonable terms and conditions for the employees. The court considered the evidence provided by the parties and the provisions of the agreement to determine whether it met the statutory requirements for approval. The court was satisfied that the agreement met these requirements and approved the agreement.

The court made an order approving the Australian Sustainable Hardwoods Pty Ltd Collective Agreement 2013. The court found that the agreement was a genuine agreement between the parties and that it was in the public interest. The court also found that the agreement provided for fair and reasonable terms and conditions for the employees. The court was satisfied that the agreement met the statutory requirements for approval and made the order accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established