DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dongwha Timbers Pty Ltd
(AG2015/3525)

DONGWHA TIMBERS ENTERPRISE AGREEMENT 2015

Timber and paper products industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 26 AUGUST 2015

Application for approval of the Dongwha Timbers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dongwha Timbers Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dongwha Timbers Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Dongwha Timbers Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2015. The nominal expiry date of the Agreement is 1 March 2018.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dongwha Timbers Pty Ltd applied to the Fair Work Commission for approval of the Dongwha Timbers Enterprise Agreement 2015. The Fair Work Commission is the Australian workplace relations tribunal, responsible for regulating employment and workplace relations in Australia. The application for approval was contested by the Transport Workers Union of Australia, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The legal issues before the Fair Work Commission were whether the enterprise agreement complied with the statutory requirements and whether it met the "better off overall test" as mandated by the Fair Work Act 2009. The Commission found that the agreement was procedurally valid and that it met the better off overall test. The Commission concluded that the agreement was fair and reasonable, and that it provided for the employees' terms and conditions of employment in a manner that was better than the applicable awards and the general law. The Commission approved the enterprise agreement, and the Transport Workers Union of Australia's application was dismissed. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases, improved leave provisions, and provisions for redundancy and termination of employment. The Commission found that the agreement was fair and reasonable, and that it provided for the employees' terms and conditions of employment in a manner that was better than the applicable awards and the general law. The Commission approved the enterprise agreement, and the Transport Workers Union of Australia's application was dismissed.

Dongwha Timbers Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established