Forestry Tasmania T/A Sustainable Timber Tasmania

[2021] FWCA 6434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forestry Tasmania T/A Sustainable Timber Tasmania
(AG2021/7799)

SUSTAINABLE TIMBER TASMANIA ENTERPRISE AGREEMENT 2021

Timber and paper products industry
DEPUTY PRESIDENT DEAN	CANBERRA, 27 OCTOBER 2021

Application for approval of the Sustainable Timber Tasmania Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sustainable Timber Tasmania Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Forestry Tasmania T/A Sustainable Timber Tasmania (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers Union and CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Forestry Tasmania trading as Sustainable Timber Tasmania, which sought approval for the Sustainable Timber Tasmania Enterprise Agreement 2021. The application was made under the Fair Work Act 2009, with the dispute focusing on whether the agreement met the legal standards for approval, including being a "better off overall test" for employees. The nature of the dispute centred on the terms and conditions outlined in the proposed agreement and their implications for the workforce.

The legal issues at the heart of the case required the Commission to assess whether the proposed agreement satisfied the requirements set out in the Fair Work Act. This included determining if the agreement was a "simple, fair and flexible" one and if it provided a safety net for employees, ensuring they were no worse off financially or in terms of conditions than under their previous agreements. Additionally, the Commission needed to consider if the agreement was free from prohibited content, such as those that would undermine the right to free association or be detrimental to the employees' health and safety.

The Fair Work Commission found that the Sustainable Timber Tasmania Enterprise Agreement 2021 met the necessary criteria for approval. The agreement was deemed to be fair and flexible, providing a safety net for employees and not containing any prohibited content. The Commission was satisfied that the agreement would result in employees being better off overall, considering both financial and non-financial benefits. As a result, the application for approval was successful, and the agreement was registered under the Fair Work Act. The decision emphasised the importance of balancing the interests of both employers and employees in such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established