DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lorimer Timber Pty Ltd T/A Davids Timber
(AG2016/214)

DAVIDS TIMBER ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 21 MARCH 2016

Application for approval of the Davids Timber Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Davids Timber Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lorimer Timber Pty Ltd T/A Davids Timber. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Construction, Forestry, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2016. The nominal expiry date of the Agreement is 6 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lorimer Timber Pty Ltd, trading as Davids Timber, applied to the Fair Work Commission for approval of the Davids Timber Enterprise Agreement 2015. The application was made by the employer, and the Fair Work Union was involved in the negotiations. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the union argued that the agreement did not fairly and accurately reflect the terms and conditions of employment for the employees covered by the agreement.

The court had to determine whether the agreement contained all the mandated terms, whether it was fairly negotiated, and if it provided for minimum entitlements as stipulated by the Act. Additionally, the court needed to assess whether the agreement was in the best interests of the employees and if it complied with the good faith bargaining provisions.

The Fair Work Commission found that the agreement did accurately reflect the terms of employment and was fairly negotiated. It also determined that the agreement provided for the minimum entitlements required by the Act and was in the best interests of the employees. The court concluded that the employer had acted in good faith during the bargaining process. Consequently, the application for approval was granted, and the Davids Timber Enterprise Agreement 2015 was approved.

Lorimer Timber Pty Ltd T/A Davids Timber

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established