Pentarch Logistics Pty Ltd T/A Pentarch Forestry

[2024] FWCA 1248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pentarch Logistics Pty Ltd T/A Pentarch Forestry

(AG2024/811)

PENTARCH FORESTRY TASMANIA ENTERPRISE AGREEMENT 2024

Timber and paper products industry
COMMISSIONER TRAN	MELBOURNE, 8 APRIL 2024

Application for approval of the Pentarch Forestry Tasmania Enterprise Agreement 2024

Pentarch Logistics Pty Ltd T/A Pentarch Forestry has applied for approval of an enterprise agreement known as the Pentarch Forestry Tasmania Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

The Agreement title on the Notice issued to the employees is different to the title at clause 1 of the Agreement. The Notice states Pentarch Forestry Tasmania Enterprise Agreement 2022 whilst the Agreement title at clause 1 indicates Pentarch Forestry Tasmania Enterprise Agreement 2024. Upon raising this concern with the parties, it was recognised as a typographical error.

I am satisfied with the parties’ responses to my concerns regarding the typographical error, which I consider to be a minor technical error. I disregard the error in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.

I observe that the following clauses may be inconsistent with or less beneficial than the National Employment Standards:

-Clause 11.7 and 11.8 regarding conversion of a employee from casual employment to permanent employment; and
-Clause 13.5 regarding redundancy payment if the employer obtains suitable alternative employment for an employee.

As the Agreement contains a National Employment Standards precedence clause at clause 9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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.

The Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 15 April 2024.

In accordance with Clause 4.1 of the Agreement, the nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Pentarch Logistics Pty Ltd T/A Pentarch Forestry applied for the approval of the Pentarch Forestry Tasmania Enterprise Agreement 2024. The application was brought before the Commission to determine whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The dispute centred around the fairness and compliance of the agreement with the statutory requirements.

The legal issues the Commission had to resolve included whether the agreement had been made in good faith, whether it contained the minimum terms and conditions required by law, and whether it provided for a proper dispute resolution process. The Commission also had to consider whether the agreement complied with the provisions of the Fair Work Act that require it to be free from any discriminatory provisions.

The Fair Work Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. It further found that the agreement did not contain any discriminatory provisions and provided for an appropriate dispute resolution process. The Commission concluded that the agreement met all the statutory requirements for approval and was in the interests of the employees.

Accordingly, the Fair Work Commission approved the Pentarch Forestry Tasmania Enterprise Agreement 2024, with the approval to take effect from the date of the Commission's decision. The agreement is now legally binding on the parties, and the Commission's approval ensures that it is enforceable in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established