DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Belmont Timber (NSW) Co Pty Ltd
(AG2015/7693)

BELMONT TIMBER ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2016

Application for approval of the Belmont Timber Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Belmont Timber Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Belmont Timber (NSW) Co Pty Ltd. 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, 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 Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2016. The nominal expiry date of the Agreement is 18 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Belmont Timber (NSW) Company Pty Ltd applied to the Fair Work Commission for approval of the Belmont Timber Enterprise Agreement 2015. The applicants, Belmont Timber (NSW) Company Pty Ltd and the respondents, the Australian Manufacturing Workers' Union, sought to have the agreement approved by the Commission under section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval and whether it was in the best interests of the employees it was intended to cover.

The central legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act 2009, and whether it was made in good faith. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees, considering their rights and obligations under the Act.

The Fair Work Commission found that the agreement contained all the mandatory terms required by the Fair Work Act 2009 and was made in good faith. The Commission also concluded that the agreement was in the best interests of the employees, considering the rights and obligations under the Act. Therefore, the application for approval of the Belmont Timber Enterprise Agreement 2015 was approved by the Fair Work Commission.

Belmont Timber (NSW) Co Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established