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

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CaseChat Overview and Summary

The application before the Australian Industrial Relations Commission involved MSP Group Pty Ltd, trading as Pickard Timber & Pickard Trusses, and the Australian Manufacturing Workers Union. The applicants sought approval of the Pickard Timber & Pickard Trusses Enterprise Agreement 2019-2022. The primary dispute revolved around whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved by the Commission. The Commission was tasked with ensuring that the agreement provided for the proper operation of businesses, facilitated efficient workplace relations, and adhered to the provisions of the Act.

The legal issues that the Commission had to decide included whether the agreement was appropriately certified by the Independent Bar Association, whether it contained all the mandated terms and conditions as stipulated by the Act, and if the agreement met the genuine agreement threshold. Additionally, the Commission needed to assess whether the agreement provided for a fair and equitable resolution of workplace issues and if it was consistent with the principles of the Fair Work Act 2009.

The Commission examined the evidence and submissions presented by both parties, including the certification process, the terms and conditions, and the overall fairness of the agreement. The Commission found that the agreement was certified correctly and contained all the required terms and conditions. Furthermore, it was determined that the agreement was a genuine agreement, as it was not made under duress or coercion. The Commission concluded that the agreement met the legislative requirements and provided for the proper operation of businesses and efficient workplace relations. Consequently, the application was approved, and the Pickard Timber & Pickard Trusses Enterprise Agreement 2019-2022 was duly approved by the Commission.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established