DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auswest Timbers Pty Ltd T/A Austwest Timbers
(AG2017/4525)

AUSWEST TIMBERS (ACT) P/L FYSHWICK SAWMILL ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 JANUARY 2018

Application for approval of the AusWest Timbers (ACT) P/L Fyshwick Sawmill Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AusWest Timbers (ACT) P/L Fyshwick Sawmill Enterprise 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 Austwest Timbers Pty Ltd T/A Auswest Timbers. 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 Agreement was approved on 18 January 2018 and, in accordance with s.54, will operate from 25 January 2018. The nominal expiry date of the Agreement is 1 August 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Auswest Timbers Pty Ltd, trading as Austwest Timbers, applied for the approval of the AusWest Timbers (ACT) P/L Fyshwick Sawmill Enterprise Agreement 2017. The application was heard by the Fair Work Commission (FWC). The primary dispute centred on the terms and conditions outlined in the proposed enterprise agreement and whether it complied with the relevant labour laws.

The key legal issues before the FWC involved assessing whether the proposed enterprise agreement adhered to the necessary legislative requirements, including whether it was made in good faith, whether it was free from any unlawful content, and if it provided adequate protections for employees. Additionally, the court had to determine whether the agreement was consistent with the Fair Work Act 2009 and its regulations.

The FWC meticulously reviewed the provisions of the enterprise agreement and evaluated the submissions from both the employer and the employees' representatives. The Commission found that the agreement was made in good faith, free from unlawful content, and provided fair protections for employees. The FWC approved the enterprise agreement, emphasising that it met the necessary criteria under the Fair Work Act 2009. The approval was granted on the condition that certain minor amendments were made to address specific concerns raised during the hearing.

The Fair Work Commission approved the AusWest Timbers (ACT) P/L Fyshwick Sawmill Enterprise Agreement 2017, subject to the aforementioned amendments. This decision concluded that the enterprise agreement was compliant with the statutory requirements and was in the best interests of the employees and the employer.

Auswest Timbers Pty Ltd T/A Austwest Timbers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established