Forestry Tasmania Trading AS Sustainable Timber Tasmania

[2025] FWCA 2680

[2025] FWCA 2680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Forestry Tasmania Trading AS Sustainable Timber Tasmania

(AG2025/2166)

SUSTAINABLE TIMBER TASMANIA ENTERPRISE AGREEMENT 2025

Silviculture industry
COMMISSIONER MIRABELLA	MELBOURNE, 12 AUGUST 2025

Application for approval of the Sustainable Timber Tasmania Enterprise Agreement 2025

1. An application has been made for the approval of an enterprise agreement known as the Sustainable Timber Tasmania Enterprise Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Forestry Tasmania Trading as Sustainable Timber Tasmania (the Employer). The Agreement is a single enterprise agreement.

1. The Agreement will apply to employees who are covered by either the Clerks – Private Sector Award 2020 (Clerks Award) or the Silviculture Award 2020 (Silviculture Award).

1. The Agreement does not define a shiftworker for the purposes of the additional week of annual leave. However, clause 32.2 of the Clerks Award defines a shiftworker for the purposes of the additional week of annual leave provided by the National Employment Standards (NES). The Employer submitted that the definition within clause 32.2 of the Clerks Award does not apply to any of its employees and that they have no intention to employ anyone that would meet this definition. I am satisfied for the purpose of s.193A(6), and determine under s.193A(6A), of the Act, that employees that would otherwise be defined as a shiftworker for the purposes of the NES under the Clerks Award is not a type of employment that is reasonably foreseeable as that is relevant for the better off overall test.

1. The Agreement mentions trainees, apprentices, and cadets in clause 12 of the Agreement. However, no trainee, apprentice, or cadet rates of pay are provided. As such, it was unclear how these employees would be considered better off overall. The Employer submitted that clause 12 applies to employees who:

(a)were previously trainees, apprentices, or cadets employed (and paid) through a training organisation, but were placed with the Applicant during their training; and

(b)are hired by the Applicant upon completion of their training.

1. I observe the following provisions are likely to be inconsistent with the NES:

• Clause 15.3 – Redeployment
• Clause 18.1(e) – Notice of Termination by Sustainable Timber Tasmania
• Clause 18.2(b) – Notice of Termination by an Employee

The Employer provided a NES precedence clause within their undertakings. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer provided written undertakings. A copy of the undertakings is attached in Appendix E of the Agreement. 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.

1. 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.

1. The Community and Public Sector Union (CPSU) and the Australian Workers Union (AWU), being bargaining representatives for the Agreement, have given notice 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 CPSU and the AWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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