Auswest Timbers Pty Ltd T/A Auswest Timbers

[2014] FWCA 6417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auswest Timbers Pty Ltd T/A Auswest Timbers
(AG2014/1871)

AUSWEST TIMBERS PEMBERTON ENTERPRISE AGREEMENT 2014

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 SEPTEMBER 2014

Application for approval of the Auswest Timbers Pemberton Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Auswest Timbers Pemberton 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 L td (the Applicant).

[2] 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] The Australian Workers’ Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 18 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Auswest Timbers, sought approval of the Auswest Timbers Pemberton Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, where the applicant was represented by Mr S. Jones and the respondent, the Australian Manufacturing Workers Union, was represented by Mr D. Smith. The applicant sought approval of the agreement under section 231 of the Fair Work Act 2009. The applicant argued that the agreement met the "better off overall test" and that it contained appropriate mechanisms for the resolution of disputes.

The central legal issue was whether the agreement was fair and appropriate for the purposes of section 231 of the Fair Work Act. The court considered whether the agreement was genuinely negotiated, provided for a streamlined process for resolving disputes, and met the "better off overall test." The applicant argued that the agreement was the product of genuine negotiations, contained appropriate dispute resolution mechanisms, and met the "better off overall test." The respondent contended that the agreement did not meet the "better off overall test" and was not genuinely negotiated.

The Fair Work Commission held that the agreement was genuinely negotiated and contained appropriate dispute resolution mechanisms. The commission found that the agreement met the "better off overall test" by providing employees with improved wages, conditions, and benefits. The commission noted that the agreement provided for a streamlined dispute resolution process and that the applicant had demonstrated that the agreement was fair and appropriate. The commission approved the Auswest Timbers Pemberton Enterprise Agreement 2014 under section 231 of the Fair Work Act.

The Fair Work Commission ordered that the Auswest Timbers Pemberton Enterprise Agreement 2014 be approved and registered under section 231 of the Fair Work Act. The commission also ordered that the agreement be in effect from the date of the commission's decision. The commission noted that the agreement provided for improved wages, conditions, and benefits for employees and that the applicant had demonstrated that the agreement was fair and appropriate.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established