DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D & R Henderson Pty Ltd
(AG2015/244)

D & R HENDERSON PTY LIMITED SAWMILL SITE ENTERPRISE BARGAINING AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 18 FEBRUARY 2015

Application for approval of the D & R Henderson Pty Limited Sawmill Site Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the D & R Henderson Pty Limited Sawmill Site Enterprise Bargaining Agreement 2014 (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 Limited (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

D & R Henderson Pty Ltd, a company involved in the timber industry, applied to the Fair Work Commission for approval of their proposed enterprise bargaining agreement, the D & R Henderson Pty Limited Sawmill Site Enterprise Bargaining Agreement 2014. The company sought the approval as part of their industrial relations strategy to formalise the terms and conditions of employment for their employees. The application came before the Fair Work Commission, which is tasked with overseeing the approval of enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for the fair and efficient determination of terms and conditions of employment, and if it adhered to the procedural requirements of the Act. The Commission also needed to consider the interests of the employees and the potential impact of the agreement on them. The secondary issue involved the specific provisions of the agreement, such as the terms of pay, leave entitlements, and dispute resolution mechanisms, to ensure they complied with the relevant legislative framework.

The Commission found that the proposed agreement was fair and efficient, as it provided for the appropriate determination of terms and conditions of employment. The Commission noted that the agreement was the product of genuine bargaining between the employer and the employees, and it covered all the necessary aspects of employment terms and conditions. The procedural requirements were also met, as the agreement had been properly notified and a sufficient number of employees had voted in favour of it. The Commission determined that the agreement was in the best interests of the employees, as it provided for fair remuneration and conditions, while also being beneficial to the employer. Consequently, the Commission approved the proposed agreement under the Fair Work Act.

The Fair Work Commission approved the D & R Henderson Pty Limited Sawmill Site Enterprise Bargaining Agreement 2014, finding it to be fair and efficient, and in the best interests of the employees. The agreement was approved in accordance with the statutory requirements and procedural obligations set out in the Fair Work Act.

D & R Henderson Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established