Lorimer Timbers Pty Ltd T/A Davids Timber Summary

[2013] FWCA 1550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lorimer Timbers Pty Ltd T/A Davids Timber
(AG2013/5281)

DAVIDS TIMBER ENTERPRISE AGREEMENT 2012

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 12 MARCH 2013

Application for approval of the Davids Timber Enterprise Agreement 2012.

[1] An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single-enterprise agreement known as the Davids Timber Enterprise Agreement 2012 (the Agreement) by Lorimer Timbers Pty Ltd t/a Davids Timber.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to27 February 2013.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2013. The nominal expiry date of the Agreement is 6 September 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Lorimer Timbers Pty Ltd trading as Davids Timber, sought approval of the Davids Timber Enterprise Agreement 2012, which was intended to govern the employment of its workers. The application was made to the Fair Work Commission, which has the authority to approve such agreements. The applicant argued that the agreement contained appropriate terms and conditions that fairly reflected the needs of both the employer and the employees.

The primary legal issue the court had to address was whether the terms of the enterprise agreement were consistent with the Fair Work Act 2009. This involved assessing if the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the processes outlined in the Act for making and approving such agreements. The court also had to consider the impact of the agreement on the employees' rights and protections under the Fair Work Act.

In determining the application, the Fair Work Commission examined the provisions of the enterprise agreement and the evidence presented by both parties. The Commission found that the agreement contained terms that were fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. The Commission concluded that the agreement complied with the statutory requirements for approval and was in the best interests of the employees. Accordingly, the Fair Work Commission approved the Davids Timber Enterprise Agreement 2012.

The Fair Work Commission issued an order approving the Davids Timber Enterprise Agreement 2012, effective from the date of the decision. This order provided legal recognition to the terms and conditions set out in the agreement, ensuring that they governed the employment relationship between the applicant and its workers. The decision was made in accordance with the powers and processes outlined in the Fair Work Act.

Lorimer Timbers Pty Ltd T/A Davids Timber

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established