Portland Pine Products Pty Ltd T/A Portland Pine Products

[2020] FWCA 1910

[2020] FWCA 1910

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Portland Pine Products Pty Ltd T/A Portland Pine Products
(AG2020/902)

PORTLAND PINE PRODUCTS PTY LTD ENTERPRISE AGREEMENT - 2020 TO 2023

Timber and paper products industry
COMMISSIONER CIRKOVIC	MELBOURNE, 14 APRIL 2020

Application for approval of the Agreement refers to the Portland Pine Products Pty Ltd Enterprise Agreement - 2020 to 2023.

[1] An application has been made for approval of an enterprise agreement known as the Portland Pine Products Pty Ltd Enterprise Agreement - 2020 to 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Portland Pint Products Pty Ltd t/a Portland Pine Products. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 16.6 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Construction, Forestry, Maritime, Mining & 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.

[6] The Agreement was approved on 14 April 2020 and, in accordance with s.54, will operate from 21 April 2020. The nominal expiry date of the Agreement is 14 April 2024.

COMMISSIONER

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<AE507734  PR718216>

Annexure A: