DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SA Pine Pty Ltd
(AG2018/3043)

SA PINE PTY LTD ENTERPRISE AGREEMENT

Timber and paper products industry
COMMISSIONER PLATT	ADELAIDE, 23 NOVEMBER 2018

Application for approval of the SA Pine Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SA Pine Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SA Pine Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 October 2018.

[3] On 17 October 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 8 November 2018. The undertaking deals with the following topics:

• For the purpose of clause 4.1.3, any hours of work to be performed before 6:00am or after 6:00pm will be paid at the applicable overtime rate contained in the Agreement. Further, an employee may accept or reject overtime outside of the above spread of hours.

• For the purpose of clause 51.1, the wage rates have been revised in order to compensate for the 30 minutes of overtime applicable for a 6:00am shift commencement.

• For the purpose of clause 7.4, an adult apprentice will be paid one level lower than the classified rate of pay for their position as a non-apprentice.

• For the purpose of clause 81.1(e), all apprentices will receive notice of termination, the exception being apprentices terminated for serious misconduct or who are employed for a fixed term (whether that be time or task).

• Clause 2.4 of the Agreement is expanded to include consultation provisions regarding rosters and hours of work, as per the award.

[5] A copy of the undertaking has been provided to the bargaining representative and they did not express any view on the undertaking.

[6] 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.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is 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 from the date of approval of the Agreement. The nominal expiry date is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, SA Pine Pty Ltd, sought approval for the SA Pine Pty Ltd Enterprise Agreement 2018 under the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Federal Court of Australia was tasked with determining whether the agreement met the legal requirements for approval.

The court had to decide whether the agreement had been genuinely negotiated and whether it contained only permissible provisions. It also had to consider whether the agreement provided for the protection of employees' rights and interests. Key issues included the process of negotiation and whether it involved genuine bargaining. The court examined whether the agreement adequately safeguarded employees' entitlements and conditions.

The Court found that the agreement was genuinely negotiated, as there had been meaningful discussions and exchanges between the parties. It also determined that the agreement contained only permissible provisions and that it adequately protected employees' rights and interests. The Court concluded that the agreement met all the necessary criteria for approval under the Fair Work Act. The application was thus successful, and the agreement was approved.

The Court ordered that the SA Pine Pty Ltd Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement would therefore be binding on all parties involved, ensuring the protection of employees' rights and conditions as per the terms outlined.

SA Pine Pty Ltd

DECISION

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Legal Principle Established