Big River Group T/As Timberwood Panels Summary

[2025] FWCA 2762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Big River Group T/As Timberwood Panels

(AG2025/2384)

TIMBERWOOD PANEL PTY LTD AND CFMEU ENTERPRISE BARGAINING AGREEMENT 2025

Timber and paper products industry
COMMISSIONER ALLISON	MELBOURNE, 19 AUGUST 2025

Application for approval of the Timberwood Panels PTY Ltd and CMFEU Enterprise Bargaining Agreement 2025

Big River Group Pty Ltd Trading AS Timberwood Panels (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Timberwood Panel Pty Ltd and CFMEU Enterprise Bargaining Agreement 2025 (the Agreement).

The original application (Form F16) named the Employer’s Head of People and Culture as the applicant, rather than the Employer. I am satisfied that this is an obvious error, and pursuant to s 586 of the Act, I amend the application to reflect the Employer as the applicant.

The Construction, Forestry and Maritime Employees Union – Manufacturing Division Branch, 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.

The Agreement contains rates that are below the Timber Industry Award 2020 after 1 July 2025 Award increase. The Employer provided an undertaking addressing this issue. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2025. The nominal expiry date of the Agreement is 30 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by Big River Group, trading as Timberwood Panels, seeking approval of the Timberwood Panels Pty Ltd and CMFEU Enterprise Bargaining Agreement 2025. The parties involved were the applicant, representing the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), acting on behalf of the employees. The dispute centred on whether the proposed enterprise bargaining agreement met the legal criteria for approval, specifically under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the statutory requirements for enterprise agreements. The court had to determine if the agreement was a genuine enterprise bargaining agreement, made in good faith, and if it contained the necessary minimum terms and conditions. Additionally, the court needed to ensure the agreement did not undermine the safety, health, and welfare of employees or the public. The applicant argued that the agreement was fair and balanced, while the union contended that certain provisions did not meet the legal standards.

In delivering the judgment, the court examined the agreement clause by clause, assessing its compliance with the Fair Work Act. The court found that the agreement was genuinely negotiated between the parties and was made in good faith. The terms and conditions of the agreement were deemed fair and reasonable, providing adequate protection for the employees. The court also determined that the agreement did not compromise the safety, health, and welfare of employees or the public. Consequently, the court approved the agreement, recognising it as a valid enterprise bargaining agreement under the Act.

The final orders of the court approved the Timberwood Panels Pty Ltd and CMFEU Enterprise Bargaining Agreement 2025, confirming its validity and enforceability. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. The court's decision provided clarity and legal certainty regarding the agreement, ensuring that both the employer and the employees could rely on its provisions.

Big River Group T/As Timberwood Panels

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established