DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auswest Timbers Pty Ltd T/A Auswest Timbers
(AG2016/1054)

AUSWEST TIMBERS P/L BAIRNSDALE PROCESSING CENTRE ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 31 MAY 2016

Application for approval of the Auswest Timbers P/L Bairnsdale Processing Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Auswest Timbers P/L Bairnsdale Processing Centre Enterprise Agreement 2016 (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] 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 Agreement was approved on 31 May 2016 and, in accordance with s.54, will operate from 7 June 2016. The nominal expiry date of the Agreement is 30 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Auswest Timbers Pty Ltd trading as Auswest Timbers, applied for the approval of the Auswest Timbers P/L Bairnsdale Processing Centre Enterprise Agreement 2016. The application was made under section 231 of the Fair Work Act 2009. The primary dispute centred on whether the agreement met the criteria for approval as a registered agreement and whether the bargaining processes adhered to the legal standards required by the Fair Work Act.

The key legal issues revolved around the procedural fairness of the bargaining process, the substantive fairness of the terms of the agreement, and whether the agreement provided for the mandatory bargaining items as stipulated by the Fair Work Act. The applicant argued that the agreement was the product of genuine and voluntary bargaining, while the objector raised concerns about the fairness of the bargaining process and the terms of the agreement.

The Commission carefully examined the evidence presented regarding the bargaining process, which included testimonies from both parties and the process followed. The Commission assessed the fairness of the agreement's terms, including wages, hours of work, and other employment conditions. The Commission concluded that the agreement was the result of genuine and voluntary negotiations, and that it contained fair terms, meeting the mandatory requirements under the Fair Work Act. The Commission found that the bargaining process was procedurally fair and that the agreement substantively met the criteria for approval.

Accordingly, the Fair Work Commission approved the Auswest Timbers P/L Bairnsdale Processing Centre Enterprise Agreement 2016. The agreement is now registered and will govern the employment conditions of the employees covered by the agreement.

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