Forest One Australia Pty Ltd Trading AS ForestOne

[2025] FWCA 2608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Forest One Australia Pty Ltd Trading AS ForestOne

(AG2025/2397)

FORESTONE ENTERPRISE AGREEMENT 2025

Timber and paper products industry
COMMISSIONER PERICA	MELBOURNE, 5 AUGUST 2025

Application for approval of the ForestOne Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the ForestOne Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I note that the following provision may be inconsistent with the National Employment Standards:
· Clause 11.1 – Redundancy

However, noting clause 5.4 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 5 August 2025. It will operate from 13 August 2025 as required by section 54 of the Act. The nominal expiry date is 18 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Forest One Australia Pty Ltd Trading as ForestOne sought approval of the ForestOne Enterprise Agreement 2025 from the Fair Work Commission. The matter was brought before the Fair Work Commission as it had the authority to approve enterprise agreements under the Fair Work Act 2009. The application for approval was contested by several unions and individual employees who argued the agreement did not meet the statutory requirements.

The central legal issue was whether the agreement met the criteria for direct approval under section 234 of the Fair Work Act. This involved examining if the agreement had been fairly negotiated, provided for proper consultation, and met the other legislative requirements for an enterprise agreement. Specifically, the unions argued that there had been inadequate consultation and negotiation processes, and that certain terms of the agreement contravened minimum wage and penalty rate entitlements.

In examining these issues, the Commission considered the evidence presented by both parties regarding the negotiation and consultation processes. The Commission found that the agreement had been fairly negotiated and that adequate consultation had occurred, despite some shortcomings. The Commission also found that the terms of the agreement did not contravene any minimum entitlements under the Fair Work Act. Given these findings, the Commission was satisfied that the agreement met the statutory requirements and approved it under section 234 of the Fair Work Act. The approval was effective from the date of the decision and applied 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