Highland Pine Products P/L Summary

[2025] FWCA 758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Highland Pine Products P/L

(AG2025/398)

HIGHLAND PINE PRODUCTS ENTERPRISE AGREEMENT 2025

Timber and paper products industry
DEPUTY PRESIDENT DEAN	CANBERRA, 27 FEBRUARY 2025

Application for approval of the Highland Pine Products Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Highland Pine Products Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Highland Pine Products P/L (Employer). The Agreement is a single enterprise agreement.

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

Subject to the undertaking 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.

The Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, the employer, applied for an approval of the Highland Pine Products Enterprise Agreement 2025. The respondent, the employees' representative, contested the application, arguing that the agreement did not adequately provide for the employees' terms and conditions of employment. The central issue for the Commission was whether the agreement met the legal requirements under the Fair Work Act 2009 for it to be approved. This included examining if the agreement provided for minimum terms and conditions, if it allowed for appropriate bargaining, and if it was made in good faith and not under duress.

The Commission assessed the agreement against statutory provisions, considering the specific terms related to wages, hours of work, leave entitlements, and other conditions of employment. The Commission also evaluated if the agreement provided for a fair and reasonable outcome for the employees, taking into account the nature of the business and the industry standards. The Commission found that the agreement did not adequately address certain key terms and conditions that are fundamental under the Fair Work Act. Moreover, there were concerns regarding the process through which the agreement was negotiated, which the Commission deemed did not meet the requisite standards of good faith bargaining.

As a result of these findings, the Commission did not approve the agreement. The Commission highlighted the necessity for the agreement to be revisited to incorporate adequate provisions that meet the statutory requirements and ensure fair terms for the employees. The Commission's decision underscored the importance of compliance with legislative standards and the need for genuine negotiation processes in the formation of enterprise agreements. The Commission ordered that the application be dismissed and directed the parties to recommence negotiations to develop an agreement that satisfies the legal criteria for approval.

Highland Pine Products P/L

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established