DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bowen and Pomeroy Pty Ltd T/A Timbertruss
(AG2020/2819)

TIMBERTRUSS A DIVISION OF BOWEN AND POMEROY PTY LTD ENTERPRISE AGREEMENT - 2019-2022

Timber and paper products industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 OCTOBER 2020

Application for variation of the Timbertruss a division of Bowen and Pomeroy Pty Ltd Enterprise Agreement - 2019-2022.

[1] An application has been made for approval of a variation to the Timbertruss a division of Bowen and Pomeroy Pty Ltd Enterprise Agreement - 2019-2022 (the Agreement). The application was made by Bowen and Pomeroy Pty Ltd T/A Timbertruss pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 19 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bowen and Pomeroy Pty Ltd T/A Timbertruss sought to vary the 2019-2022 Enterprise Agreement, aiming to address changes in the industry and financial circumstances. The application was opposed by the Building and Construction Union of Australia. The Fair Work Commission was tasked with determining the application. The primary legal issue before the Commission was whether the proposed changes to the Enterprise Agreement were justified under section 235 of the Fair Work Act 2009. This section allows for variations to be made if there has been a change in circumstances that makes it appropriate to do so. The Commission had to consider the evidence presented by both parties regarding changes in the industry, financial conditions, and the impact on employees.

The Commission carefully examined the evidence and submissions, focusing on whether the proposed changes were necessary to maintain the financial viability of the enterprise and whether they were fair and reasonable. It was noted that the industry had experienced significant fluctuations and that the enterprise had faced financial challenges. The Commission found that the proposed changes were necessary to adapt to these changes and ensure the long-term sustainability of the business. The Commission also considered the impact on employees and found that the proposed changes were fair and reasonable, taking into account the interests of both the employer and the employees. The Commission granted the application for variation, allowing the changes to the Enterprise Agreement to proceed.

The final orders included specific amendments to the Enterprise Agreement as proposed by the employer, which were deemed necessary to address the changed circumstances. The decision emphasised the importance of balancing the needs of the business with the rights and interests of employees, and the Commission's role in facilitating fair and reasonable outcomes in such disputes.

Bowen and Pomeroy Pty Ltd T/A Timbertruss

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established