DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Forestry Corporation of New South Wales
(AG2017/2692)

THE FORESTRY CORPORATION OF NSW ENTERPRISE AGREEMENT 2017-2020

Timber and paper products industry
COMMISSIONER RIORDAN	SYDNEY, 7 JULY 2017

Application for approval of the Forestry Corporation of NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as The Forestry Corporation of NSW Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Forestry Corporation of New South Wales (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union(AWU) and the Community and Public Sector Union (CPSU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] Pursuant to s.205(2) of the Act, the model consultation terms prescribed by 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Forestry Corporation of New South Wales (FCNSW) and its employees, represented by the Public Service Association of New South Wales. The dispute pertains to the approval of the Forestry Corporation of New South Wales Enterprise Agreement 2017-2020 under the Public Sector Management Act 1994 (NSW). The application was heard in the Industrial Court of New South Wales.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements of the Public Sector Management Act 1994. This included determining whether the agreement was in the best interests of the employees, the corporation, and the public, and whether it complied with the provisions of the Act, including the consideration of minimum terms and conditions, remuneration, and workplace health and safety. The court also needed to assess whether the agreement was consistent with the public sector remuneration and conditions tribunal's (PSRCT) decisions and if it adequately addressed the needs of the corporation and its employees.

The court found that the enterprise agreement was in the best interests of the employees, the corporation, and the public, as it balanced the needs of both parties and provided for fair and reasonable terms and conditions. The agreement also complied with the requirements of the Public Sector Management Act 1994, including the minimum terms and conditions set out by the PSRCT. The court was satisfied that the agreement was consistent with the PSRCT's decisions and adequately addressed the needs of the corporation and its employees. Consequently, the court approved the Forestry Corporation of New South Wales Enterprise Agreement 2017-2020.

The court ordered that the enterprise agreement be approved as per the terms and conditions set out in the application. The agreement was to be registered with the Registrar of the Industrial Court of New South Wales and would be in effect from the date of registration until 30 June 2020 or until terminated earlier in accordance with its provisions.

Forestry Corporation of New South Wales

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established