Calco Timbers Pty Ltd T/A Calco Trusses and Timber

[2023] FWCA 1372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Calco Timbers Pty Ltd T/A Calco Trusses and Timber

(AG2023/1233)

APPLICATION FOR APPROVAL OF THE CALCO TIMBERS PTY LTD EMPLOYEE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 12 MAY 2023

Application for approval of the Calco Timbers Pty Ltd Employee Agreement 2023

An application has been made for approval of an enterprise agreement known as the CALCO TIMBERS PTY LTD EMPLOYEE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Calco Timbers Pty Ltd T/A Calco Trusses and Timber. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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) of the Act I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2023. The nominal expiry date of the Agreement is 1 March 2025.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Calco Timbers Pty Ltd, trading as Calco Trusses and Timber, which sought approval for the Calco Timbers Pty Ltd Employee Agreement 2023. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in terms of its compliance with the provisions for modern awards and the procedural fairness in the agreement-making process. The Commission was tasked with determining whether the agreement provided adequate protections for employees and was made in good faith.

The primary legal issues revolved around the compliance of the proposed agreement with the legislative framework governing enterprise agreements. Specifically, the Commission had to assess whether the agreement provided minimum safety net entitlements and complied with the procedural requirements for the making of an enterprise agreement. Additionally, the court considered whether the agreement was made in good faith and whether the process followed was fair and transparent.

The Commission found that the proposed agreement was compliant with the Fair Work Act and Regulations. It determined that the agreement provided minimum safety net entitlements and met the procedural requirements for enterprise agreements. The Commission was satisfied that the process followed in making the agreement was fair and that the agreement was made in good faith. Consequently, the Commission approved the Calco Timbers Pty Ltd Employee Agreement 2023.

The final order of the Commission was the approval of the proposed agreement, effective from the date of the decision. The Commission highlighted the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees while complying with the legislative requirements. The decision serves as a guide for future enterprise agreements within the company and sets a precedent for similar applications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established