Duncans Holdings Ltd
[2023] FWCA 123
•13 JANUARY 2023
| [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
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