Auswest Timbers Pty Ltd T/A Auswest Timbers

[2014] FWCA 7052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auswest Timbers Pty Ltd T/A Auswest Timbers
(AG2014/7051)

AUSWEST TIMBERS DEAN MILL ENTERPRISE AGREEMENT 2014

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 OCTOBER 2014

Application for approval of the Auswest Timbers Dean Mill Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Auswest Timbers Dean Mill Enterprise Agreement 2014 (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 7 October 2014 and, in accordance with s.54, will operate from 14 October 2014. The nominal expiry date of the Agreement is 8 August 2016.

DEPUTY PRESIDENT

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 Dean Mill Enterprise Agreement 2014. The applicant, a timber company, and the respondent, a trade union representing its employees, had entered into the agreement. The union sought to have the agreement approved by the Commission under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the requirements of section 231 of the Act, including whether it was in writing, contained the terms and conditions of employment for the employees covered by it, and was free from prohibited content. The Commission also needed to determine whether the agreement had been made in accordance with the procedural requirements set out in section 227 of the Act.

The Commission found that the agreement met all the requirements of section 231 of the Act and was free from prohibited content. The agreement was in writing and contained the terms and conditions of employment for the employees covered by it. The Commission was satisfied that the agreement had been made in accordance with the procedural requirements set out in section 227 of the Act, including that the applicant had taken reasonable steps to ensure that the employees were adequately represented in the negotiations and that the agreement had been voted on by the employees.

Accordingly, the Commission approved the Auswest Timbers Dean Mill Enterprise Agreement 2014. The agreement will now be registered with the Commission and will apply to the employees covered by it. The Commission's decision is final and binding on the parties and cannot be appealed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established