Calco Timbers Pty Ltd Trading AS Calco Trusses And Timber Summary

[2025] FWCA 1350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Calco Timbers Pty Ltd Trading AS Calco Trusses And Timber

(AG2025/941)

CALCO TIMBERS PTY LTD EMPLOYEE AGREEMENT 2025

Timber and paper products industry
COMMISSIONER PERICA	MELBOURNE, 23 APRIL 2025

Application for approval of the Calco Timbers Pty Ltd Employee Agreement 2025

An application has been made for approval of an enterprise agreement known as the Calco Timbers Pty Ltd Employee Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 23 April 2025. It will operate from 30 April 2025 as required by section 54 of the Act. The nominal expiry date is 1 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Calco Timbers Pty Ltd, trading as Calco Trusses and Timber, for the approval of an employee agreement titled the "Calco Timbers Pty Ltd Employee Agreement 2025." The dispute centred on the terms and conditions of the proposed enterprise agreement, specifically whether it met the necessary requirements under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was in compliance with the legislative framework and whether it provided a safety net of minimum terms and conditions for employees.

The primary legal issues the Commission had to address were whether the proposed agreement provided for the minimum terms and conditions as outlined in the Fair Work Act, and whether the agreement met the statutory requirements for approval. This involved scrutinising the agreement's provisions to ensure that it included all the mandatory minimum terms, such as minimum wages, maximum weekly hours, leave entitlements, and other employment conditions. Additionally, the Commission had to assess if the agreement was genuinely made by the parties, without any coercion or undue influence.

In reaching its decision, the Commission examined the contents of the proposed agreement in detail, focusing on whether it adhered to the statutory minimum terms and conditions. The Commission also considered submissions from both the employer and the employee representatives. Ultimately, the Commission found that the agreement was compliant with the statutory minimum terms and conditions and did not contravene any provisions of the Fair Work Act. The Commission approved the agreement, confirming that it met all the necessary requirements for endorsement under the Act.

Consequently, the Fair Work Commission granted its approval for the Calco Timbers Pty Ltd Employee Agreement 2025, effective from the specified commencement date. The Commission's decision was based on the comprehensive compliance of the agreement with the statutory requirements, ensuring that it provided a fair and reasonable set of terms and conditions for the employees.

Calco Timbers Pty Ltd Trading AS Calco Trusses And Timber

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established