Auswest Timbers Pty Ltd T/A Auswest Timbers

[2014] FWCA 6842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auswest Timbers Pty Ltd T/A Auswest Timbers
(AG2014/1953)

AUSWEST TIMBERS MANJIMUP PROCESSING CENTRE ENTERPRISE AGREEMENT 2014

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 SEPTEMBER 2014

Application for approval of the Auswest Timbers Manjimup Processing Centre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Auswest Timbers Manjimup Processing Centre 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. 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 30 September 2014 and, in accordance with s.54, will operate from 7 October 2014. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Auswest Timbers Pty Ltd trading as Auswest Timbers, the applicant sought approval for the Manjimup Processing Centre Enterprise Agreement 2014. The dispute was heard in the Fair Work Commission, where the applicant argued that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement complied with the relevant legislative requirements and whether it was appropriately made in accordance with the procedural fairness principles.

The central legal issues revolved around whether the agreement was genuinely a product of negotiation between the employer and the employees, and whether it provided for appropriate terms and conditions that were fair and reasonable. The applicant contended that the agreement was the result of genuine negotiations and was fair and reasonable, while no objections were raised by any party during the process. The Commission needed to assess the evidence presented and decide if the agreement could be approved under the Act.

The Fair Work Commission examined the evidence and found that the agreement was indeed a product of genuine negotiations and was fair and reasonable. The Commission noted that the agreement was made in compliance with the legislative requirements and procedural fairness. The Commission concluded that the applicant had met the necessary criteria for the approval of the enterprise agreement. Consequently, the Commission approved the Manjimup Processing Centre Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established