DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calco Timbers Pty Ltd T/A Calco Trusses and Timber
(AG2021/4576)

CALCO TIMBERS PTY LTD EMPLOYEE AGREEMENT 2021

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 27 APRIL 2021

Application for approval of the Calco Timbers Pty Ltd Employee Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Calco Timbers Pty Ltd Employee Agreement 2021 (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.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2021. The nominal expiry date of the Agreement is 1 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calco Timbers Pty Ltd T/A Calco Trusses and Timber applied for the approval of an employee agreement that had been negotiated with a union. The application was heard in the Fair Work Commission. The nature of the dispute was whether the proposed employee agreement complied with the necessary requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement met the criteria for an Australian Core Obligations (ACO) Agreement under section 185 of the Fair Work Act, and if it adequately protected the rights of employees. The Commission had to determine if the agreement provided for minimum terms and conditions consistent with the National Employment Standards and if it contained appropriate dispute resolution mechanisms.

The Commission concluded that the proposed agreement satisfied the requirements for an ACO Agreement. It was noted that the agreement provided for the minimum terms and conditions of employment, including provisions for leave, maximum weekly hours of work, and the National Minimum Wage. The agreement also included a dispute resolution process that was deemed fair and accessible to employees. The Commission was satisfied that the agreement did not unjustifiably disadvantage any employee and that it provided appropriate protections.

As a result, the Fair Work Commission approved the Calco Timbers Pty Ltd Employee Agreement 2021. The agreement is now legally binding between the employer and the employees covered by the agreement.

Calco Timbers Pty Ltd T/A Calco Trusses and Timber

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established