Duncans Holdings Ltd

[2023] FWCA 123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Duncans Holdings Ltd

(AG2022/5470)

PENTARCH FORESTRY KYOGLE ENTERPRISE AGREEMENT 2022

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 13 JANUARY 2023

Application for approval of the Pentarch Forestry Kyogle Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Pentarch Forestry Kyogle Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Duncans Holdings Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.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 is approved and in accordance with s.54, will operate from 20 January 2023. The nominal expiry date of the Agreement is 31 October 2024.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Duncans Holdings Ltd, sought approval of the Pentarch Forestry Kyogle Enterprise Agreement 2022. This agreement sought to govern the terms and conditions of employment of employees in the Pentarch Forestry Kyogle enterprise. The application was heard by the Fair Work Commission. The legal issues that the court needed to decide included whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The court considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it provided for a fair and reasonable process for resolving disputes between the employer and employees. The court also considered whether the agreement met the requirements of the Fair Work Act 2009, including the requirement that the agreement be in writing and that it be approved by the Fair Work Commission.

The court found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and provided for a fair and reasonable process for resolving disputes between the employer and employees. The court also noted that the agreement had been negotiated in good faith and that it had been put to a vote of the employees, with a majority of employees voting in favour of the agreement.

The Fair Work Commission approved the Pentarch Forestry Kyogle Enterprise Agreement 2022. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and provided for a fair and reasonable process for resolving disputes between the employer and employees. The court also noted that the agreement had been negotiated in good faith and that it had been put to a vote of the employees, with a majority of employees voting in favour of the agreement. The court was satisfied that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established