D & R Henderson Pty Ltd

[2019] FWCA 5983

[2019] FWCA 5983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

D & R Henderson Pty Ltd
(AG2019/2733)

D & R. HENDERSON PTY LIMITED SAWMILL SITE ENTERPRISE AGREEMENT 2019

Timber and paper products industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 AUGUST 2019

Application for approval of the D & R. Henderson Pty Limited Sawmill Site Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the D & R. Henderson Pty Limited Sawmill Site Enterprise Agreement 2019 (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.

[2] 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 was approved on 28 August 2019 and, in accordance with s.54, will operate from 4 September 2019. The nominal expiry date of the Agreement is 28 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE505048  PR711771>