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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Sweetmans Timber Pty Ltd and R.A. Sweetman & Son Pty Ltd trading as Sweetmans Timber Pty Ltd, applied to the Fair Work Commission for the approval of their Enterprise Agreement 2020. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The applicants sought to implement changes to their employees' working arrangements, including alterations to shift patterns and pay rates. The union argued that the proposed changes were not fair and reasonable and did not meet the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed changes in the Enterprise Agreement were fair and reasonable, whether they met the statutory criteria for approval, and whether the applicants had followed the correct procedural steps in negotiating and finalising the agreement. The Commission needed to determine if the changes were consistent with the principles of the Fair Work Act and whether the process adhered to the relevant provisions of the Act and the Fair Work Regulations 2009.

The Commission found that the proposed changes in the Enterprise Agreement were fair and reasonable and met the statutory criteria for approval. The applicants had demonstrated that they had followed the correct procedural steps in negotiating and finalising the agreement. The Commission considered that the changes were in line with the principles of the Fair Work Act and did not disadvantage the employees. The Commission approved the Enterprise Agreement 2020, finding that it was fair and reasonable and met the statutory requirements for approval. The union's objections were dismissed, and the agreement was approved as a registered agreement under the Fair Work Act.

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