Bowen and Pomeroy Pty Ltd T/A Timbertruss Geelong Summary

[2013] FWCA 1592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bowen and Pomeroy Pty Ltd T/A Timbertruss Geelong
(AG2013/5112)

TIMBERTRUSS GEELONG A DIVISION OF BOWEN AND POMEROY PTY LTD ENTERPRISE AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 15 MARCH 2013

Application for approval of the Timbertruss Geelong a division of Bowen and Pomeroy Pty Ltd Enterprise Agreement 2013

[1] An application has been made for approval of a single-enterprise agreement known as the Timbertruss Geelong a division of Bowen and Pomeroy Pty Ltd Enterprise Agreement 2013 (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 Geelong.

[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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with s.201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2013. The nominal expiry date of the Agreement is 31 August 2013.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bowen and Pomeroy Pty Ltd, trading as Timbertruss Geelong, applied for the approval of their Enterprise Agreement 2013. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The legal dispute centred on whether the agreement contained all the necessary provisions and complied with the statutory requirements for approval.

The court was required to determine whether the agreement was made in good faith, whether it included all the mandatory provisions stipulated by the Fair Work Act, and whether it complied with the procedural requirements for registration. This included examining if the agreement was made without any coercion and if it met the standard conditions of employment as prescribed by the Act.

The court found that the agreement met all the statutory requirements for approval. It confirmed that the agreement was made in good faith, contained all the necessary mandatory provisions, and complied with the procedural requirements of the Act. The court highlighted that the agreement was negotiated fairly and without any undue influence. The court approved the Enterprise Agreement 2013 as a registered agreement.

The court's decision resulted in the formal registration of the Timbertruss Geelong Enterprise Agreement 2013, which now governs the employment conditions of the employees covered by the agreement. This approval ensures that the agreement is legally enforceable and provides a framework for the terms and conditions of employment within the company.

Bowen and Pomeroy Pty Ltd T/A Timbertruss Geelong

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established