DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nannup Timber Processing Pty Ltd
(AG2014/10127)

NANNUP TIMBER PROCESSING PTY LTD ENTERPRISE AGREEMENT 2014

Timber and paper products industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 20 FEBRUARY 2015

Application for approval of the Nannup Timber Processing Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Nannup Timber Processing Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nannup Timber Processing Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Nannup Timber Processing Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Workers’ 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2015. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Nannup Timber Processing Pty Ltd applied for approval of the Nannup Timber Processing Pty Ltd Enterprise Agreement 2014. The application was brought in the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The primary dispute involved the terms of the proposed agreement and whether it complied with the legislative requirements for enterprise agreements.

The court was required to decide whether the proposed agreement met the criteria set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement facilitated the improvement of workplace relations, if it provided for a good faith bargaining process, and if it complied with the "better off overall test". This test required the court to consider whether the proposed agreement would provide employees with terms and conditions that were no worse than those provided under the applicable award or safety net.

The Fair Work Commission found that the proposed agreement did meet the criteria set out in the Fair Work Act 2009. The Commission determined that the agreement facilitated the improvement of workplace relations, provided for a good faith bargaining process, and met the "better off overall test". The Commission found that the proposed agreement would provide employees with terms and conditions that were better than those provided under the applicable award or safety net. The Commission approved the Nannup Timber Processing Pty Ltd Enterprise Agreement 2014.

The Commission's final order was that the Nannup Timber Processing Pty Ltd Enterprise Agreement 2014 be approved. This decision provides clarity for Nannup Timber Processing Pty Ltd and its employees regarding the terms of their employment and the legal framework governing enterprise agreements.

Nannup Timber Processing Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established