Duncans Holdings Ltd

[2023] FWCA 122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Duncans Holdings Ltd

(AG2022/5463)

PENTARCH FORESTRY HERONS CREEK ENTERPRISE AGREEMENT 2022

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

Application for approval of the Pentarch Forestry Herons Creek Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Pentarch Forestry Herons Creek 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 matter of Duncans Holdings Ltd was brought before the Fair Work Commission by Pentarch Forestry, seeking approval for the Herons Creek Enterprise Agreement 2022. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, with specific concerns raised by employees regarding the fairness and practicality of the proposed changes.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including ensuring the agreement was free from unlawful content and contained the minimum entitlements as prescribed by the Act. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including minimum wages and conditions, and whether it complied with the procedural requirements for enterprise agreements.

The Commission found that the proposed agreement was procedurally valid and did not contain any unlawful content. The agreement provided for fair and reasonable terms and conditions for employees, including minimum wages and conditions as prescribed by the Act. The Commission also considered the submissions made by the employees and found that the proposed changes were reasonable and practical. The Commission approved the Herons Creek Enterprise Agreement 2022, subject to the conditions outlined in the decision.

The Fair Work Commission approved the Herons Creek Enterprise Agreement 2022, subject to the conditions outlined in the decision. The Commission found that the agreement met the criteria for approval under the Fair Work Act 2009 and provided for fair and reasonable terms and conditions for employees. The approval of the agreement is effective from the date of the decision and will apply to all employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established