DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nannup Timber Processing Pty Ltd
(AG2016/5164)

NANNUP TIMBER PROCESSING PTY LTD ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the Nannup Timber Processing Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Nannup Timber Processing Pty Ltd Enterprise Agreement 2016 (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] The Applicant 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] 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 16 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nannup Timber Processing Pty Ltd is a company that processes timber, and its employees are represented by the Timber and Woodworkers Union of Australia. The company and the union sought approval for the Nannup Timber Processing Pty Ltd Enterprise Agreement 2016. The application for approval was made in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of its compliance with the "better off overall test" which ensures that employees are not worse off financially or in terms of conditions.

The Commission examined the evidence provided by both parties and considered the impact of the proposed agreement on the employees' terms and conditions of employment. The company argued that the agreement improved efficiency and productivity, while the union highlighted the importance of maintaining employee protections and benefits. The Commission found that while the proposed changes in the agreement would lead to some reductions in certain benefits, the overall financial and conditions benefits to employees were positive. The Commission was satisfied that the agreement met the better off overall test and approved the Nannup Timber Processing Pty Ltd Enterprise Agreement 2016.

Nannup Timber Processing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established