Onefortyone Wood Products Pty Ltd

[2024] FWCA 4581

[2024] FWCA 4581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Onefortyone Wood Products Pty Ltd

(AG2024/4735)

ONEFORTYONE WOOD PRODUCTS PTY LTD MT GAMBIER UNIONS ENTERPRISE AGREEMENT 2024

Timber and paper products industry
COMMISSIONER ALLISON	MELBOURNE, 20 DECEMBER 2024

Application for approval of the OneFortyOne Wood Products Pty Ltd Mount Gambier Unions Enterprise Agreement 2024

1. Onefortyone Wood Products Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the OneFortyOne Wood Products Pty Ltd Mount Gambier Unions Enterprise Agreement 2024 (the Agreement).

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry and Maritime Employees Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers both organisations.

1. The Notice of Employee Representational Rights (NERR) was not in the current form prescribed by the regulations. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. The following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 35, relating to compassionate leave, does not provide an entitlement to compassionate leave in circumstances where a child is stillborn or there is a miscarriage, inconsistent with ss.104 and 105 of the Act.

• The definition of “household member” in Clause 63 may be more restrictive than the NES, for the purposes of entitlement to personal/carer’s leave.

• Schedule D, relating to unpaid family and domestic violence leave, states that the NES currently provides 5 days unpaid family and domestic violence leave in a 12-month period. This is less than the 10 days of unpaid leave set out in s.106A(1) of the Act.

• Clause 21, relating to abandonment of employment, allows the Employer to terminate employment at an operative date earlier than the day notice of termination is given. This appears inconsistent with s.117(1) of the Act.  

1. However, noting clause 7.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2024. The nominal expiry date of the Agreement is 1 October 2026.

COMMISSIONER

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