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

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Green Triangle Forest Products (PTC) Limited as trustee for the World Timberfund Australia Trust, trading as Green Triangle Forest Products, who sought approval for an enterprise agreement with the Australian Workers’ Union. The Federal Circuit and Family Court of Australia was asked to consider the fairness of the proposed agreement. The central legal issue was whether the enterprise agreement met the criteria set out in the Fair Work Act 2009, particularly in terms of its procedural fairness and the extent to which it provided for the protection of employees' interests. The court needed to determine if the agreement had been genuinely negotiated, if it provided for a fair outcome for employees, and if the process leading to the agreement was conducted appropriately.

The court reviewed the submissions from both parties and examined the evidence provided. It noted the union's concerns about certain provisions in the agreement, including those relating to overtime, shift penalties, and allowances. The court also considered the employer's arguments that the agreement reflected a fair and reasonable compromise. In its decision, the court concluded that the agreement was procedurally fair and substantively fair. It found that the process leading up to the agreement had been conducted in a manner consistent with the requirements of the Act, and that the agreement provided for fair outcomes for employees. The court highlighted the importance of balancing the interests of both employers and employees in enterprise agreements and determined that the proposed agreement achieved this balance.

The Federal Circuit and Family Court of Australia approved the Green Triangle Forest Products Ltd/AWU Plantations Enterprise Agreement 2021-2022 (EA9). The court's decision was based on its finding that the agreement met the statutory requirements for procedural and substantive fairness. The court noted that the agreement provided for a reasonable balance between the interests of the employer and the employees and that it was a genuine compromise negotiated between the parties. The court's approval of the agreement was based on its satisfaction that the process leading to the agreement was fair and that the agreement itself provided for fair outcomes for employees. The decision ensures that the enterprise agreement will be legally binding and enforceable under the Fair Work Act 2009.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established