DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bowen & Pomeroy Pty Ltd T/A Timbertruss
(AG2016/7550)

TIMBERTRUSS A DIVISION OF BOWEN AND POMEROY PTY LTD ENTERPRISE BARGAINING AGREEMENT 2016 - 2019

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 10 FEBRUARY 2017

Application for approval of the Timbertruss a division of Bowen and Pomeroy Pty Ltd Enterprise Bargaining Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Timbertruss a division of Bowen and Pomeroy Pty Ltd Enterprise Bargaining Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bowen & Pomeroy Pty Ltd T/A Timbertruss. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2017. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Bowen & Pomeroy Pty Ltd, trading as Timbertruss, and its application for the approval of its Enterprise Bargaining Agreement 2016 - 2019. The application was brought before the Commission to ensure compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The primary concern was whether the agreement met the necessary criteria for registration, including fairness, efficiency, and the avoidance of unnecessary complexity.

The legal issues that required determination were whether the agreement was genuinely negotiated and whether it satisfied the requirements of the Fair Work Act. Specifically, the court needed to consider whether the agreement addressed the needs of both employers and employees, was not detrimental to the broader economy, and was not excessively complex. Furthermore, the court had to ensure that the agreement adhered to the principles of good faith bargaining and was not made under duress or coercion.

The Commission assessed the agreement against these criteria, examining the negotiation process, the content of the agreement, and its impact on both parties. The Commission found that the agreement was genuinely negotiated and met the requirements of the Act. The negotiation process was deemed to be conducted in good faith, with both parties having equal bargaining power. The agreement was found to be fair, efficient, and not unnecessarily complex. Consequently, the Commission approved the Enterprise Bargaining Agreement 2016 - 2019 for registration.

Bowen & 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