MSP Group Pty Ltd T/A Pickard Timber & Pickard Trusses

[2019] FWCA 3558

[2019] FWCA 3558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSP Group Pty Ltd T/A Pickard Timber & Pickard Trusses
(AG2019/1184)

PICKARD TIMBER & PICKARD TRUSSES ENTERPRISE AGREEMENT 2019-2022

Timber and paper products industry
COMMISSIONER PLATT	ADELAIDE, 23 MAY 2019

Application for approval of the Pickard Timber & Pickard Trusses Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Pickard Timber & Pickard Trusses Enterprise Agreement 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by MSP Group Pty Ltd T/A Pickard Timber & Pickard Trusses. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 May 2019.

[3] On 17 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 17 May 2019. The undertaking deals with the following topics:

•  For the purposes of clause 14 of the Agreement, the pay out of excess personal leave will be in accordance with clause 34.3 of the Timber Industry Award 2010.

•  For the purposes of Appendix II, clause 11 – severance pay will be paid in accordance with the National Employment Standards (NES).

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, 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] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[9] The “Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)”, 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.

[10] 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.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503575 PR708603>