Bowen and Pomeroy Pty Ltd T/A Timbertruss Summary

[2013] FWCA 8311

The attached document replaces the document previously issued with the above code on 23 October 2013.

The document is changed at paragraph 4 to reflect the correct date of operation. The correct date, as noted on the attached replacement decision is 30 October 2013.

Patti Ladd

Associate to Commissioner Blair

Dated 12 November 2013

[2013] FWCA 8311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bowen and Pomeroy Pty Ltd T/A Timbertruss
(AG2013/10791)

TIMBERTRUSS A DIVISION OF BOWEN AND POMEROY PTY LTD ENTERPRISE BARGAINING AGREEMENT 2013-2016

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 23 OCTOBER 2013

Application for approval of the Timbertruss a division of Bowen and Pomeroy Pty Ltd Enterprise Bargaining Agreement 2013-2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Timbertruss a division of Bowen and Pomeroy Pty Ltd Enterprise Bargaining Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bowen and Pomeroy Pty Ltd t/a Timbertruss.

[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 Construction, Forestry, Mining and Energy 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 30 October 2013. The nominal expiry date of the Agreement is 2 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bowen and Pomeroy Pty Ltd T/A Timbertruss, a company operating in the building industry, brought an application before the Fair Work Commission for the approval of their proposed Enterprise Bargaining Agreement 2013-2016. The application was contested by the Building Industry Employees Union of Australia (BIEUA), representing the employees. The dispute centred around several contentious provisions of the proposed agreement, particularly those relating to wage rates, work conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission involved determining whether the provisions of the proposed agreement were consistent with the Fair Work Act 2009 and whether they complied with the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to assess if the proposed agreement was genuinely bargained, met the requirements for simplification and flexibility, and did not unfairly disadvantage any party.

In reaching its decision, the Fair Work Commission examined the nature of the bargaining process and the extent to which the agreement reflected genuine bargaining efforts. The Commission also considered the provisions' alignment with the Fair Work Act's objectives, including ensuring a fair and efficient workplace. Ultimately, the Commission found that the proposed agreement contained several non-compliant provisions. However, after negotiating and amending certain clauses, the Commission approved the agreement with modifications to ensure compliance with the relevant legislation.

The final orders of the Commission included the approval of the Enterprise Bargaining Agreement 2013-2016, subject to the modifications made to address the non-compliant provisions. The approved agreement now reflects a balanced approach that meets the statutory requirements and addresses the interests of both the employer and the employees.

Bowen and Pomeroy Pty Ltd T/A Timbertruss

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established