DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forestry Corporation of New South Wales
(AG2015/3986)

FORESTRY CORPORATION ENTERPRISE AGREEMENT 2015-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 AUGUST 2015

Application for approval of the Forestry Corporation Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Forestry Corporation Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Forestry Corporation of New South Wales. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, and the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales, being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 August 2015. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Forestry Corporation of New South Wales and its employees, represented by the Australian Workers’ Union. The primary dispute centred on the approval of the Forestry Corporation Enterprise Agreement 2015-2017. The Commission was tasked with assessing whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of its fairness and compliance with relevant provisions. The union argued that the agreement did not adequately protect employee interests and contained provisions that were contrary to public policy. The Forestry Corporation, on the other hand, maintained that the agreement was fair and balanced, meeting all necessary legal standards.

The central legal issues that the Commission had to resolve included whether the proposed agreement contained terms that were contrary to public policy or failed to meet the 'better off overall test'. This test requires that employees be no worse off financially and, in some cases, better off overall under the new agreement compared to their previous conditions. Additionally, the Commission had to consider whether the agreement provided adequate protections and benefits for the employees and if it complied with the general principles of fairness and equity as mandated by the Fair Work Act.

In delivering its decision, the Fair Work Commission carefully examined the terms of the proposed agreement and the submissions from both parties. The Commission found that while the agreement contained some provisions that were not in the best interests of the employees, it did not violate any public policy considerations. It also concluded that the agreement did meet the better off overall test for most employees, ensuring that they were not worse off and, in many cases, better off than under the previous conditions. Therefore, the Commission approved the Forestry Corporation Enterprise Agreement 2015-2017, subject to certain conditions and modifications to address the union's concerns.

The final orders of the Commission included the approval of the agreement with specified modifications, aimed at enhancing protections for employees and ensuring compliance with the Act. The modifications addressed issues such as pay rates, working conditions, and dispute resolution mechanisms, ensuring that the agreement was fair and equitable for all parties involved.

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