DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneFortyOne Wood Products Pty Ltd
(AG2018/7341)

ONEFORTYONE WOOD PRODUCTS PTY LTD MT GAMBIER UNION ENTERPRISE AGREEMENT 2018

Timber and paper products industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 APRIL 2019

Application for approval of the OneFortyOne Wood Products Pty Ltd Mt Gambier Union Enterprise Agreement 2018.

[1] OneFortyOne Wood Products Pty Ltd has made an application for approval of an enterprise agreement known as the OneFortyOne Wood Products Pty Ltd Mt Gambier Union Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 4 April 2019 and, in accordance with s 54, will operate from 11 April 2019. The nominal expiry date of the Agreement is 1 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OneFortyOne Wood Products Pty Ltd recently appeared before the Fair Work Commission in an application seeking approval of the OneFortyOne Wood Products Pty Ltd Mt Gambier Union Enterprise Agreement 2018. The matter arose following negotiations between the employer and the union, and the subsequent application for the agreement to be registered by the Commission.

The primary legal issues before the Commission involved the validity and enforceability of the terms within the agreement, as well as whether the agreement met the criteria for registration under the Fair Work Act 2009. This included scrutiny of the bargaining process, the content of the agreement, and compliance with relevant statutory requirements.

The Fair Work Commission examined the procedural fairness of the bargaining process, confirming that it adhered to the necessary standards. The Commission also considered whether the terms of the agreement were reasonable in all respects, focusing on factors such as pay rates, conditions of employment, and the balance of interests between the employer and employees. Ultimately, the Commission found that the agreement was fair and met all statutory requirements. Consequently, the application was approved, and the agreement was registered, effective from the specified commencement date.

OneFortyOne Wood Products Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established