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

Printed by authority of the Commonwealth Government Printer

The applicant, SA Pine Pty Ltd, sought approval for the SA Pine Pty Ltd Enterprise Agreement 2021 in the Fair Work Commission. The dispute centred around the terms of the agreement, which the applicant aimed to implement for its workforce. The legal issues before the court were whether the agreement met the necessary requirements under the Fair Work Act 2009, including provisions related to minimum wages, entitlements, and procedural fairness in the negotiation process.

The court examined the process by which the agreement was negotiated and whether it was done in good faith, as well as whether the agreement provided for appropriate minimum standards of pay and conditions. The applicant argued that the agreement was the product of a fair and genuine negotiation process and met all statutory requirements. The respondent, representing the employees, contended that the agreement did not adequately address certain conditions and that the negotiation process was flawed.

After considering the evidence presented, the court found that the negotiation process was conducted in good faith and that the agreement met all statutory requirements. The court determined that the agreement provided for the appropriate minimum standards of pay and conditions, and was therefore approved under the Fair Work Act 2009. The court's decision was based on the comprehensive evidence provided by the applicant, which demonstrated compliance with all relevant legislative provisions.

The final orders of the court were that the SA Pine Pty Ltd Enterprise Agreement 2021 be approved in its entirety, effective from the date of the decision. The agreement was to be registered and published as required by the Fair Work Act 2009. The respondent's objections were dismissed, and the applicant's application for approval was granted.

SA Pine Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established