Green Triangle Forest Products (PTC) Limited as Trustee for the World Timberfund Australia Trust T/A Green Triangle Forest Products

[2021] FWCA 7152

[2021] FWCA 7152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Green Triangle Forest Products (PTC) Limited as Trustee for the World Timberfund Australia Trust T/A Green Triangle Forest Products
(AG2021/8340)

GREEN TRIANGLE FOREST PRODUCTS LTD/AWU PLANTATIONS ENTERPRISE AGREEMENT 2021-2022 (EA9)

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 16 DECEMBER 2021

Application for approval of the Green Triangle Forest Products Ltd/AWU Plantations Enterprise Agreement 2021-2022 (EA9)

[1] An application has been made for approval of an enterprise agreement known as the Green Triangle Forest Products Ltd/AWU Plantations Enterprise Agreement 2021-2022 (EA9) (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 (PTC) Limited as Trustee for the World Timberfund Australia Trust T/A Green Triangle Forest Products. 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 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.

[5] 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.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 4.3.1.5 and 4.3.2.2 – Termination of Employment.

•  Clause 7.1.9.2 – Annual Leave.

•  Clause 21 – Conditions of Employment.

•  Clause 30 – Public Holidays.

However, noting the undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2021. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

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Annexure A