Pine Design Holdings Pty Ltd T/A Pine Design Truss and Timber Summary

[2013] FWCA 2256

FAIR WORK COMMISSION

DECISION

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

Pine Design Holdings Pty Ltd T/A Pine Design Truss and Timber
(AG2013/5901)

PINE DESIGN TRUSS AND TIMBER COLLECTIVE WORKPLACE AGREEMENT 2012

Timber and paper products industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 APRIL 2013

Pine Design Truss and Timber Collective Workplace Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Pine Design Truss and Timber Collective Workplace Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pine Design Holdings Pty Ltd T/A Pine Design Truss and Timber. The Agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[3] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

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

[5] The Construction, Forestry, 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 the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2013. The nominal expiry date of the Agreement is 1 December 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Pine Design Holdings Pty Ltd T/A Pine Design Truss and Timber, the Fair Work Commission addressed a dispute concerning the Pine Design Truss and Timber Collective Workplace Agreement 2012. The matter involved the employer, Pine Design Holdings, and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The crux of the dispute revolved around the interpretation and application of certain clauses within the collective agreement, particularly those relating to employee entitlements and working conditions.

The legal issues that the Commission had to resolve included the proper interpretation of specific terms within the collective agreement, the extent to which these terms should be enforced, and whether any amendments or clarifications were necessary to ensure fairness and compliance with relevant industrial laws. The primary focus was on ensuring that the agreement met the standards set out by the Fair Work Act 2009 and that it provided adequate protection for the employees involved.

The Commission meticulously reviewed the terms of the collective agreement and the submissions made by both parties. It found that certain provisions were ambiguous and could lead to inconsistencies in the application of the agreement. The Commission decided to clarify these provisions to avoid potential disputes in the future. It issued binding orders to amend the collective agreement, ensuring that the rights and obligations of both the employer and employees were clearly defined and equitable. The outcome was intended to uphold the principles of fairness and compliance within the workplace.

Pine Design Holdings Pty Ltd T/A Pine Design Truss and Timber

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established