Sweetmans Timber Pty Ltd and R.A. Sweetman & Son Pty Ltd T/A Sweetmans Timber Pty Ltd

[2021] FWCA 463

[2021] FWCA 463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sweetmans Timber Pty Ltd and R.A. Sweetman & Son Pty Ltd T/A Sweetmans Timber Pty Ltd
(AG2020/4067)

SWEETMANS TIMBER PTY LTD ENTERPRISE AGREEMENT 2020

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 3 FEBRUARY 2021

Application for approval of the Sweetmans Timber Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sweetmans Timber Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sweetmans Timber Pty Ltd and R.A. Sweetman & Son Pty Ltd T/A Sweetmans Timber Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Two employees were not provided with the notification of the vote seven clear days before the vote commenced and it is unclear whether one employee had access to the material incorporated by reference into the Agreement during the access period. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] Subject to the undertakings 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2021. The nominal expiry date of the Agreement is 1 October 2024.

COMMISSIONER

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Annexure A