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

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Portland Pine Products Pty Ltd, trading as Portland Pine Products, was involved in an application for the approval of their Enterprise Agreement for the period from 2020 to 2023. The matter was heard in the Fair Work Commission, where the central issue revolved around whether the terms of the proposed agreement were consistent with the principles of the Fair Work Act 2009. The application for approval was brought forward by the employer, and the Fair Work Commission was tasked with assessing whether the agreement met the statutory requirements for minimum entitlements, fairness, and procedural fairness.

The legal issues before the Commission included the interpretation and application of the Fair Work Act provisions concerning the approval of enterprise agreements. Specifically, the court had to consider whether the agreement provided for minimum terms and conditions, adhered to the process for its formation, and ensured that the agreement was not detrimental to employees. Additionally, the court examined whether the agreement was made in good faith and whether the necessary procedural steps were followed.

In delivering its decision, the Commission assessed the evidence and submissions from both parties, focusing on the provisions of the Fair Work Act. The Commission found that the proposed agreement did not provide for the minimum terms and conditions as required by the Act, particularly in relation to pay rates and conditions for certain classifications of employees. The Commission also found procedural irregularities in the manner in which the agreement was negotiated and presented. Consequently, the application for approval was dismissed, and the agreement was not approved. The Commission's decision was based on the inadequacies in the agreement and the failure to comply with the statutory requirements.

The Fair Work Commission's decision was clear in its directive that the proposed agreement did not meet the statutory standards for approval. The employer was directed to address the deficiencies and resubmit an amended agreement for consideration. The Commission's ruling underscored the importance of adhering to the Fair Work Act's requirements to ensure that enterprise agreements are fair and provide for minimum entitlements.

Portland Pine Products Pty Ltd T/A Portland Pine Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established