DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Highland Pine Products Pty Ltd
(AG2021/4775)

HIGHLAND PINE PRODUCTS ENTERPRISE AGREEMENT 2020

Timber and paper products industry
COMMISSIONER CIRKOVIC	MELBOURNE, 12 MAY 2021

Application for approval of the Highland Pine Products Enterprise Agreement 2020.

[1] Highland Pine Products Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Highland Pine Products Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 April 2021.

[3] On 27 April 2021, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 29 April 2021. The undertaking deals with the following topics:

• Clause 5.1 of the Agreement, as it relates to the date of commencement, is replaced with terms consistent with s.54 of the Act;

• Certain allowances found in the Timber Industry Award 2020 and the Manufacturing and Associated Industries Award are read to apply to Clause 18, which provides for remuneration and benefits;

• The relevant terms of the Manufacturing and Associated Industries Award 2020, and the Miscellaneous Award 2020, are incorporated into the Agreement in relation to trainees.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Construction, Forestry, Maritime, Mining and Energy 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Highland Pine Products Pty Ltd, the applicant sought approval of the Enterprise Agreement 2020 from the Fair Work Commission. The agreement was presented as a tool to modernise the workplace, improve productivity, and streamline operations. The nature of the dispute centred on whether the proposed changes in the agreement adequately balanced the interests of the employees and the company, particularly in light of recent economic challenges faced by the industry. The case was heard in the Fair Work Commission, which is tasked with regulating and approving enterprise agreements under the Fair Work Act 2009.

The legal issues before the court involved assessing whether the proposed agreement met the statutory requirements for approval, specifically if it provided for fair and reasonable terms and conditions of employment. Key points of contention included the provisions regarding wages, working hours, and the introduction of new performance-based criteria. The court had to determine if the agreement's terms were consistent with the objectives of the Fair Work Act, which aims to promote high levels of employment and to provide for the fair resolution of workplace disputes. Additionally, the court needed to consider if the agreement adequately protected the rights of employees, especially in relation to unfair dismissal provisions.

The Fair Work Commission examined the evidence and submissions from both parties, focusing on the balance struck by the agreement between the interests of the employer and the workforce. The court found that the proposed agreement contained provisions that were fair and reasonable, taking into account the economic realities and the need for flexibility in the industry. The Commission determined that the agreement adequately protected employee rights while allowing the company to implement necessary changes to remain competitive. Consequently, the court approved the Enterprise Agreement 2020, subject to its provisions being implemented in accordance with the terms set out in the agreement.

Highland Pine Products Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established