DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Parkside Milling Pty Ltd
(AG2021/5022)

PARKSIDE MILLING P/L BAIRNSDALE PROCESSING CENTRE ENTERPRISE AGREEMENT 2021

Timber and paper products industry
COMMISSIONER CIRKOVIC	MELBOURNE, 13 MAY 2021

Application for approval of the Parkside Milling P/L Bairnsdale Processing Centre Enterprise Agreement 2021.

[1] Parkside Milling Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Parkside Milling P/L Bairnsdale Processing Centre Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 May 2021.

[3] On 12 May 2021, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 12 May 2021. The undertaking deals with the following topics:

• Clause 28.4, which deals with Abandonment of Employment, is to be read in conjunction with the National Employment Standards (NES).

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 13 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Parkside Milling Pty Ltd, sought approval of the Parkside Milling P/L Bairnsdale Processing Centre Enterprise Agreement 2021 in the Fair Work Commission. The dispute involved the terms and conditions of employment for the workers at the Bairnsdale Processing Centre, focusing on the need for the enterprise agreement to be certified as a simple, low-risk agreement. The Commission was required to determine if the agreement met the necessary criteria for simplicity and low risk, including whether it aligned with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issue the Commission needed to resolve was whether the enterprise agreement was genuinely independent and whether it contained terms that were appropriate for a simple, low-risk agreement. This involved assessing the negotiation process, the content of the agreement, and whether any terms were excessive or inappropriate given the nature of the workforce and the industry. The Commission also needed to ensure that the agreement complied with the provisions of the Fair Work Act and was fair and reasonable in all its terms.

After reviewing the evidence and arguments presented, the Commission concluded that the Parkside Milling P/L Bairnsdale Processing Centre Enterprise Agreement 2021 met the criteria for simplicity and low risk. The Commission found that the agreement was genuinely negotiated and that its terms were appropriate and reasonable for the workforce. The Commission noted that the agreement contained standard terms that were not excessive or inappropriate and were necessary to regulate the employment relationship effectively. Consequently, the Commission approved the enterprise agreement, finding that it complied with the requirements of the Fair Work Act.

The final orders included the approval of the Parkside Milling P/L Bairnsdale Processing Centre Enterprise Agreement 2021, effective from the date of the decision. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it be published on the Commission's website to ensure transparency and accessibility. This decision ensures that the terms of the agreement are legally binding and that the workforce at the Bairnsdale Processing Centre is protected by the terms of the approved enterprise agreement.

Parkside Milling 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