D. & R. Henderson Pty Ltd

Case

[2023] FWCA 558

23 FEBRUARY 2023


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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

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