DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Highland Pine Products Pty Limited
(AG2015/1012)

HIGHLAND PINE PRODUCTS UNION COLLECTIVE AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 20 MAY 2015

Application for approval of the Highland Pine Products Union Collective Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Highland Pine Products Union Collective Agreement 2014 (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 Pty Limited (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Highland Pine Products Pty Limited, sought approval for the Highland Pine Products Union Collective Agreement 2014. The respondent, the union, contested the application. The Fair Work Commission was the court tasked with deciding the matter.

The key issue before the Commission was whether the agreement complied with the Fair Work Act 2009 and, specifically, whether it contained all the mandated minimum terms and conditions. The union argued that the agreement failed to include several minimum entitlements, such as provisions for maximum weekly hours and minimum rates of pay. The applicant contended that the agreement was compliant and that the union's claims were unfounded.

After reviewing the agreement and the submissions from both parties, the Commission found that the agreement did indeed contain all the required minimum terms and conditions. The Commission accepted the applicant's argument that the union's claims were based on a misunderstanding of the agreement's content. Consequently, the Commission approved the agreement.

The Commission ordered that the Highland Pine Products Union Collective Agreement 2014 be approved as meeting the requirements of the Fair Work Act 2009. The union's application to have the agreement declared invalid was dismissed.

Highland Pine Products Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established