DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Portland Pine Products Pty Ltd t/a Portland Pine Products
(AG2015/7135)

PORTLAND PINE PRODUCTS PTY LTD ENTERPRISE AGREEMENT - 2016 TO 2019

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2016

Application for approval of the Portland Pine Products Pty Ltd Enterprise Agreement - 2016 to 2019.

[1] An application has been made for approval of an enterprise agreement known as the Portland Pine Products Pty Ltd Enterprise Agreement – 2016 to 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Portland Pine Products Pty Ltd t/a Portland Pine Products. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2016. The nominal expiry date of the Agreement is 28 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Portland Pine Products Pty Ltd, trading as Portland Pine Products, and a union representing its employees. The dispute centred on the application for approval of the Portland Pine Products Pty Ltd Enterprise Agreement - 2016 to 2019. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the required terms as stipulated by the Act, whether the agreement was made in good faith and without coercion, and whether it provided for a fair and efficient workplace. Additionally, the Commission needed to assess whether the agreement provided for proper minimum rates of pay and conditions, and if it complied with the provisions relating to the protection of vulnerable employees.

The Commission found that the agreement was comprehensive and included all the necessary terms as required by the Act. It was determined that the agreement was made in good faith and without coercion. The Commission also found that the agreement provided for fair and efficient workplace practices and that it adequately addressed minimum rates of pay and conditions. Furthermore, the agreement was found to comply with the provisions designed to protect vulnerable employees. Consequently, the Commission approved the enterprise agreement.

In summary, the Fair Work Commission approved the Portland Pine Products Pty Ltd Enterprise Agreement - 2016 to 2019, finding that it met all the legal requirements for approval under the Fair Work Act 2009.

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