Auswest Timbers Pty Ltd T/A Auswest Timbers

[2014] FWCA 8148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auswest Timbers Pty Ltd T/A Auswest Timbers
(AG2014/7733)

AUSWEST TIMBERS (ACT) P/L FYSHWICK SAWMILL ENTERPRISE AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 17 NOVEMBER 2014

Application for approval of the AusWest Timbers (ACT) P/L Fyshwick Sawmill Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AusWest Timbers (ACT) P/L Fyshwick Sawmill Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Auswest Timbers Pty Ltd T/A Auswest Timbers. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Brickworks Limited, of which AuswestTimbers is a subsidiary. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2014. The nominal expiry date of the Agreement is 1 August 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Auswest Timbers Pty Ltd, trading as Auswest Timbers, brought an application before the Fair Work Commission to approve the AusWest Timbers (ACT) P/L Fyshwick Sawmill Enterprise Agreement 2014. The application involved the terms and conditions of employment for employees of Auswest Timbers, specifically those working at their Fyshwick Sawmill. The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement contained all the necessary terms as per section 234 of the Fair Work Act, and whether it was made in good faith and without coercion, as required by section 235 of the Act. The court had to examine the agreement's compliance with the Fair Work (Registered Organisations) Act 2009, including whether it provided for minimum entitlements and included appropriate dispute resolution processes. The application also required consideration of whether the agreement was likely to have a detrimental effect on the economy or industrial relations system, as per section 238 of the Act.

In its decision, the Commission found that the AusWest Timbers (ACT) P/L Fyshwick Sawmill Enterprise Agreement 2014 was valid and met all the criteria for approval. The agreement contained all necessary terms and was made in good faith without coercion. The Commission was satisfied that the agreement provided for minimum entitlements and included appropriate dispute resolution processes. Furthermore, the Commission determined that the agreement would not have an adverse effect on the economy or the industrial relations system. Consequently, the application for approval was granted, and the enterprise agreement was approved under section 171 of the Fair Work Act.

The Commission approved the AusWest Timbers (ACT) P/L Fyshwick Sawmill Enterprise Agreement 2014, effective from the date of the decision. This ruling ensures that the terms and conditions outlined in the agreement are legally binding and enforceable between Auswest Timbers and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established