Qube Forestry Pty Ltd

[2023] FWCA 845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Forestry Pty Ltd

(AG2023/575)

QUBE FORESTRY PTY LTD TASMANIA ENTERPRISE AGREEMENT 2022

Timber and paper products industry
DEPUTY PRESIDENT DEAN	CANBERRA, 20 MARCH 2023

Application for approval of the Qube Forestry Pty Ltd Tasmania Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Qube Forestry Pty Ltd Tasmania Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qube Forestry Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Forestry Pty Ltd sought approval of the Tasmania Enterprise Agreement 2022, which was entered into between the company and the union representing its employees. The union filed an objection to the agreement, leading to the matter being heard by the Fair Work Commission. The union's primary contention was that the agreement did not adequately protect employee entitlements, particularly in relation to working conditions and leave provisions.

The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing if the agreement provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. The union argued that certain provisions did not align with the broader principles of fairness and good faith, particularly regarding the conditions for shift changes and the availability of personal leave.

In its decision, the Commission acknowledged the union's concerns but found that the agreement generally met the statutory requirements. The Commission noted that while some provisions could be improved, they were not sufficiently deficient to warrant refusal of approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions and had been negotiated in good faith. Consequently, the Commission approved the agreement, subject to the parties resolving the union's specific concerns through further negotiation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established