DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auswest Timbers Pty Ltd T/A Auswest Timbers
(AG2016/919)

AUSWEST TIMBERS P/L ORBOST PROCESSING CENTRE ENTERPRISE AGREEMENT 2016

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 MAY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Auswest Timbers P/L Orbost 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] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 23 May 2016 and, in accordance with s.54, will operate from 30 May 2016. The nominal expiry date of the Agreement is 23 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Auswest Timbers Pty Ltd, trading as Auswest Timbers, sought approval of the Orbost Processing Centre Enterprise Agreement 2016 before the Fair Work Commission. The dispute arose as the applicant argued the agreement was appropriate for its Orbost Processing Centre, addressing various employment terms and conditions. The Commission, led by Commissioner McCabe, was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements of the Act. Specifically, the Commission had to assess whether the agreement was genuinely negotiated, free from any coercive or oppressive conduct, and whether it provided fair and reasonable terms and conditions of employment. The applicant argued that the agreement was the product of genuine negotiations and met all the statutory requirements.

Commissioner McCabe determined that the agreement did not meet the criteria for approval. The Commission found that the applicant had not established the necessary evidence of genuine negotiation, particularly concerning the terms related to overtime and penalty rates. The Commission also noted the absence of a formal meeting to discuss the agreement, which is generally expected in genuine bargaining. As a result, the Commission concluded that the agreement did not comply with the statutory requirements for approval. Consequently, the application was dismissed.

No further orders were made by the Commission beyond the dismissal of the application for approval of the enterprise 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