Pentarch Logistics Pty Ltd Summary

[2023] FWCA 1973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pentarch Logistics Pty Ltd

(AG2023/2050)

PENTARCH FORESTRY EDEN ENTERPRISE AGREEMENT 2022

Timber and paper products industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 JUNE 2023

Application for approval of the Pentarch Forestry Eden Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Pentarch Forestry Eden Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 8 June 2023.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 July 2023. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Pentarch Forestry Eden Enterprise Agreement 2022, filed in the Fair Work Commission. The applicant, Pentarch Logistics Pty Ltd, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The agreement was intended to govern the terms and conditions of employment for a specified group of employees within the forestry sector. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations, particularly in terms of employee representation and the fairness of the terms.

The court was required to determine whether the agreement met the statutory criteria for approval. This included assessing whether the agreement had been negotiated in good faith, whether the appropriate employee representatives had been involved in the negotiation process, and whether the agreement contained the minimum terms and conditions as prescribed by the Fair Work Act. Additionally, the court had to consider whether the agreement was likely to have a positive effect on workplace relations and if it was in the best interests of the employees.

The Fair Work Commission determined that the agreement satisfied the legal requirements for approval. The Commission found that the agreement had been negotiated in good faith and that the appropriate employee representatives had been involved throughout the negotiation process. The Commission also concluded that the agreement contained all the mandated minimum terms and conditions and was likely to have a positive effect on workplace relations. Furthermore, it was deemed to be in the best interests of the employees. Consequently, the Commission approved the agreement as a registered agreement under the Fair Work Act.

In approving the agreement, the Commission made an order that the Pentarch Forestry Eden Enterprise Agreement 2022 be registered as a certified agreement. This decision ensured that the agreement would be legally binding on the parties involved and would govern the employment terms and conditions for the specified group of employees. The approval process provided a framework for fair and effective workplace relations within the forestry sector.

Pentarch Logistics Pty Ltd

CaseChat Overview and Summary

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