DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Portland Pine Products Pty Ltd T/A Portland Pine Products
(AG2015/886)

PORTLAND PINE PRODUCTS PTY LTD ENTERPRISE AGREEMENT - 2013 TO 2015

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 5 MAY 2015

Application for approval of the Portland Pine Products Pty Ltd Enterprise Agreement - 2013 to 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Portland Pine Products Pty Ltd Enterprise Agreement - 2013 to 2015 (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 (the Applicant)

[2] 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.

[3] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2015. The nominal expiry date of the Agreement is 31 December 2015.

ANNEXURE A

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CaseChat Overview and Summary

Portland Pine Products Pty Ltd, trading as Portland Pine Products, applied to the Fair Work Commission for approval of an enterprise agreement spanning 2013 to 2015. The Fair Work Commission was tasked with determining whether the proposed agreement complied with the relevant legislative provisions and if it met the necessary standards for fair and equitable treatment of employees.

The court had to consider whether the agreement provided for appropriate minimum rates of pay, overtime, penalty rates, and other conditions that were consistent with the Fair Work Act 2009. It also needed to assess if the agreement was free from any provisions that might unfairly disadvantage employees or contravene the principles of procedural fairness. Additionally, the court examined if the agreement contained any provisions that might lead to an underpayment of wages or unfairly burden the employees.

In its decision, the Fair Work Commission found that the agreement did not adequately address the minimum rates of pay and overtime provisions as required by the Fair Work Act. The court held that the agreement failed to provide for a fair and equitable treatment of employees as it did not include necessary provisions for penalty rates and other conditions. Consequently, the Commission did not approve the agreement. The court ordered that the agreement be returned to the parties for amendment and resubmission, ensuring it complied with all legislative requirements and provided for fair and equitable treatment of the employees.

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