DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moyle Bendale Timber Pty Ltd T/A Moyle Bendale Timber
(AG2018/7103)

MOYLE BENDALE TIMBER PTY LTD ENTERPRISE BARGAINING AGREEMENT 2018-2020

Timber and paper products industry
COMMISSIONER LEE	SYDNEY, 9 MAY 2019

Application for approval of the Moyle Bendale Timber Pty Ltd - Enterprise Agreement 2018 to 2020.

[1] An application has been made for approval of an enterprise agreement known as the Moyle Bendale Timber Pty Ltd - Enterprise Agreement 2018 to 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moyle Bendale Timber Pty Ltd T/A Moyle Bendale Timber . The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Moyle Bendale Timber Pty Ltd trading as Moyle Bendale Timber, sought the approval of the Enterprise Agreement 2018 to 2020. The matter was heard in the Fair Work Commission. The dispute involved the terms and conditions of employment for workers covered by the proposed agreement, including wages, working conditions, and other employment-related matters.

The primary legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was fair and reasonable, and if it had been genuinely negotiated between the employer and the employees. The court also had to consider if the agreement provided for proper protections for employees, including minimum wages, leave entitlements, and dispute resolution mechanisms.

The court found that the Enterprise Agreement 2018 to 2020 met the criteria for approval. The agreement had been genuinely negotiated between the employer and the employees, and it contained provisions that were fair and reasonable. The court noted that the agreement provided for minimum wage increases, appropriate leave entitlements, and mechanisms for resolving disputes. The court was satisfied that the agreement provided adequate protections for the employees and that it was in line with the principles of the Fair Work Act.

As a result, the Fair Work Commission approved the Enterprise Agreement 2018 to 2020, effective from the date of the decision. The agreement will now govern the employment terms and conditions for the workers covered by the agreement for the specified period.

Moyle Bendale Timber Pty Ltd T/A Moyle Bendale Timber

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established