DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auswest Timbers Pty Ltd T/A Auswest Timbers
(AG2019/3557)

AUSWEST TIMBERS P/L ORBOST PROCESSING CENTRE ENTERPRISE AGREEMENT 2019

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 15 OCTOBER 2019

Application for approval of the Auswest Timbers P/L Orbost Processing Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Auswest Timbers P/L Orbost Processing Centre Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Auswest Timbers Pty Ltd T/A Auswest Timbers. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2019. The nominal expiry date of the Agreement is 22 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Auswest Timbers Pty Ltd, trading as Auswest Timbers, applied for approval of the Auswest Timbers P/L Orbost Processing Centre Enterprise Agreement 2019, which was the subject of a dispute between the company and the union representing the employees. The application was made to the Fair Work Commission. The dispute centred on the terms of the proposed enterprise agreement, particularly those concerning employee entitlements and working conditions. The union argued that certain provisions of the agreement were not fair and reasonable, while Auswest Timbers contended that the agreement was in the best interests of the employees.

The legal issues before the commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the commission had to determine whether the agreement was genuinely negotiated, and if it provided for fair and reasonable terms and conditions of employment. The commission also had to consider whether the agreement would have a detrimental effect on the employees or the operations of the enterprise.

After reviewing the evidence and submissions from both parties, the commission found that the agreement was genuinely negotiated and did not contain any terms that were unfair or unreasonable. The commission noted that the agreement provided for a fair and reasonable balance of rights and obligations for both the employees and the employer. The commission was also satisfied that the agreement would not have a detrimental effect on the employees or the operations of the enterprise. Therefore, the commission approved the Auswest Timbers P/L Orbost Processing Centre Enterprise Agreement 2019.

Auswest Timbers Pty Ltd T/A Auswest Timbers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established