Capital Battens Pty Ltd T/A Capital Battens

[2023] FWCA 605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Capital Battens Pty Ltd T/A Capital Battens

(AG2023/300)

Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2022

Timber and paper products industry
DEPUTY PRESIDENT EASTON	SYDNEY, 24 FEBRUARY 2023

Application for approval of the Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2022.

Capital Battens Pty Ltd T/A Capital Battens (the Employer) has made an application for the approval of the Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2022 (the Agreement). The application was made under s.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 ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2023. The nominal expiry date of the Agreement is 31 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Capital Battens Pty Ltd, trading as Capital Battens, applied to the Fair Work Commission for the approval of the Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2022. The dispute centred around the terms and conditions of employment for workers within the Fyshwick Sawmill and whether the proposed agreement met the legal requirements for approval. The Fair Work Commission was tasked with determining if the agreement complied with the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement was a genuine enterprise agreement and whether it contained all the required provisions as per the Fair Work Act. Additionally, the Commission had to consider if the agreement met the 'better off overall test' and whether any provisions were contrary to public policy. The Commission needed to assess if the agreement was fairly negotiated and if it contained the necessary terms, including minimum entitlements and conditions of employment.

In rendering its decision, the Commission examined the negotiation process and the content of the agreement. It found that the agreement was genuinely negotiated and contained all the necessary terms required by law. The Commission determined that the agreement did not contravene public policy and was better off overall for the employees. Consequently, the Fair Work Commission approved the Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2022, finding it to be compliant with the requirements of the Fair Work Act.

The Fair Work Commission ordered that the Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2022 be approved and registered. This decision ensures that the terms and conditions of employment within the Fyshwick Sawmill are legally recognised and enforceable, providing clarity and certainty for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established