D. & R. Henderson Pty Ltd

[2023] FWCA 558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D. & R. Henderson Pty Ltd

(AG2023/224)

D. & R. Henderson Pty Limited Sawmill Site Enterprise Agreement 2023

Timber and paper products industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 FEBRUARY 2023

Application for approval of the D. & R. Henderson Pty Ltd Sawmill Site Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the D. & R. Henderson Pty Ltd Sawmill Site Enterprise 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 D. & R. Henderson Pty Ltd. 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement was approved on 23 February 2023 and, in accordance with s.54, will operate from 2 March 2023. The nominal expiry date of the Agreement is 1 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of D. & R. Henderson Pty Ltd, the Fair Work Commission was tasked with approving a proposed enterprise agreement between D. & R. Henderson Pty Ltd, an employer in the sawmill industry, and its employees. The employees, represented by a union, sought to finalise the terms of their employment under the proposed Sawmill Site Enterprise Agreement 2023. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 for it to be approved and registered as a valid enterprise agreement.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act 2009, and whether it had been genuinely agreed upon by the majority of the employees. Additionally, the Commission had to consider whether the agreement provided for proper dispute resolution mechanisms and if it met the criteria for being a single, indivisible agreement. The fairness and reasonableness of the terms and conditions, particularly in relation to working hours, overtime, and leave entitlements, were also scrutinized.

Upon reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement contained all the mandatory terms and was genuinely agreed upon by the majority of the employees. The Commission determined that the agreement provided for adequate dispute resolution mechanisms and was a single, indivisible document. Furthermore, the Commission was satisfied that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the sawmill industry and the bargaining power of both parties. Consequently, the Commission approved the Sawmill Site Enterprise Agreement 2023 and ordered its registration with the Fair Work Commission.

The Fair Work Commission ordered the registration of the Sawmill Site Enterprise Agreement 2023 as a valid enterprise agreement between D. & R. Henderson Pty Ltd and its employees. The agreement was to take effect from a specified date and would govern the terms and conditions of employment for the employees covered by the agreement until such time as it is terminated or replaced by a new agreement. The Commission's decision was based on the finding that the agreement met all the legal requirements for approval and registration, and that it provided a fair and reasonable framework for the employment relationship between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established