Onefortyone Wood Products Pty Ltd T/A Onefortyone

[2022] FWCA 3479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Onefortyone Wood Products Pty Ltd T/A Onefortyone

(AG2022/3926)

OneFortyOne Wood Products Pty Ltd Mt Gambier Union Enterprise Agreement 2022

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 7 OCTOBER 2022

Application for approval of the OneFortyOne Wood Products Pty Ltd Mt Gambier Union Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the OneFortyOne Wood Products Pty Ltd Mt Gambier Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Onefortyone Wood Products Pty Ltd T/A Onefortyone. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime, Mining and Energy 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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 15.1 – Abandonment of Employment.
· Clause 44(b) – Public Holidays.

However, noting clause 6.7 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2022. The nominal expiry date of the Agreement is 1 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Onefortyone Wood Products Pty Ltd, trading as Onefortyone, applied to the Fair Work Commission for approval of the Mt Gambier Union Enterprise Agreement 2022. The dispute arose from negotiations between Onefortyone and the United Workers Union, representing employees at the Mt Gambier plant. The Fair Work Commission was tasked with assessing the fairness and compliance of the agreement with the relevant legislative and regulatory framework.

The primary legal issue before the Commission was whether the Mt Gambier Union Enterprise Agreement 2022 was fair and reasonable. This involved examining the agreement's provisions to determine if it met the criteria for approval under the Fair Work Act 2009. The Commission needed to ensure that the agreement did not undermine the minimum standards set by the Fair Work Act, including those related to wages, conditions of employment, and the right to bargain collectively. Additionally, the Commission assessed whether the agreement provided for procedural fairness in its negotiation and execution.

The Commission found that the Mt Gambier Union Enterprise Agreement 2022 was fair and reasonable. It concluded that the agreement adhered to the minimum standards stipulated in the Fair Work Act, and did not unfairly disadvantage any party. The Commission considered the evidence presented by both Onefortyone and the United Workers Union, including the process of negotiation and the content of the agreement itself. It was satisfied that the agreement had been negotiated in good faith and that it provided for procedural fairness. Consequently, the Commission approved the agreement, finding that it met the necessary criteria for endorsement.

The Commission's final order was the approval of the Mt Gambier Union Enterprise Agreement 2022, effective from the date of the decision. This decision ensures that the terms and conditions of employment for the employees at Onefortyone's Mt Gambier plant are legally compliant and fair, providing a framework for their working relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established