Green Triangle Forest Products Limited

[2016] FWCA 236

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Green Triangle Forest Products

(AG2015/7649)

GREEN TRIANGLE FOREST PRODUCTS LTD/AWU PLANTATIONS

ENTERPRISE AGREEMENT 2015-2018 (EA7)

Timber and paper products industry

COMMISSIONER GREGORY

MELBOURNE, 14 JANUARY 2016

Application for approval of the Green Triangle Forest Products Ltd/AWU Plantations

Enterprise Agreement 2015-2018 (EA7).

[1] An application has been made for approval of an enterprise agreement known as the

Green Triangle Forest Products Ltd/AWU Plantations Enterprise Agreement 2015-2018

(EA7) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act

2009 (the Act). It has been made by Green Triangle Forest Products. The Agreement is a

single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made.

Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for

making the application to the date it was actually made.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement,

has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance

with s.201(2) I note that the Agreement covers the organisation.
[2016] FWCA 236

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

21 January 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Green Triangle Forest Products Limited made an application for the approval of the Green Triangle Forest Products Ltd/AWU Plantations Enterprise Agreement 2015-2018 (EA7) under section 185 of the Fair Work Act 2009. The application was brought before Commissioner Gregory at the Fair Work Commission in Melbourne. The central issue before the court was whether the application met the requirements of sections 186, 187, and 188 of the Act and whether it was fair to extend the time for making the application beyond the statutory 14-day period.

The court found that all the necessary requirements for approval had been fulfilled, despite the application not being lodged within the stipulated 14-day period after the agreement was made. Under section 185(3)(b) of the Act, the Commissioner considered it fair to extend the time for making the application to the date it was actually made. Additionally, the Australian Workers’ Union, which is the bargaining representative for the agreement, notified that it wanted the agreement to cover it, in accordance with section 183 of the Act. The Commissioner also noted that the agreement covered the organisation as required by section 201(2) of the Act.

The court approved the application for the enterprise agreement, and it will operate from 21 January 2016, with a nominal expiry date of 30 September 2018, in accordance with section 54 of the Act. The Commissioner's decision to extend the application period and the satisfaction of all relevant requirements led to the successful approval of the Green Triangle Forest Products Ltd/AWU Plantations Enterprise Agreement 2015-2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established