SA Pine Pty Ltd

[2021] FWCA 2583

[2021] FWCA 2583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SA Pine Pty Ltd
(AG2021/4625)

SA PINE PTY LTD ENTERPRISE AGREEMENT 2021

Timber and paper products industry
COMMISSIONER PLATT	ADELAIDE, 7 MAY 2021

Application for approval of the SA Pine Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the SA Pine Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SA Pine Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 20 April 2021.

[3] On 23 April 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] One of the issues that had to be addressed was that the front page of the Agreement, as issued to the employees, had a stamp which notified the reader that the Agreement was to be read together with undertakings given by the employer (2018 Undertakings). This seems to suggest that the front page from the Applicant’s previous Agreement approved by the Commission, which was approved with undertakings, had been copied onto the new Agreement.

[5] The Applicant has submitted an undertaking in the required form dated 6 May 2021. The undertaking deals with the following topics:

•  The notice period for abandonment of employment will be in line with the National Employment Standards (NES).

•  The undertakings from the previous agreement form part of the Agreement.

•  If there is an inconsistency between the rates of pay contained in 2018 Undertakings and the Agreement, the rates in the Agreement will be preferred.

[6] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] The “Construction, Forestry, Maritime, Mining and Energy Union” (CFMMEU), 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2024.

COMMISSIONER

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