The Australian Workers' Union

[2014] FWCA 4653

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Workers’ Union

(AG2014/1570)

HANCOCK VICTORIAN PLANTATIONS PTY LIMITED - AWU

ENTERPRISE AGREEMENT 2014-2017

Timber and paper products industry

COMMISSIONER BLAIR

MELBOURNE, 11 JULY 2014

Application for approval of the Hancock Victorian Plantations Pty Limited - AWU Enterprise
Agreement 2014-2017.

[1] An application for approval of a single-enterprise agreement known as the Hancock Victorian Plantations Pty Limited - AWU Enterprise Agreement 2014-2017 (the Agreement),

pursuant to s.185 of the Fair Work Act 2009 (the Act) has been made by the Australian Workers’ Union (AWU). I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[2] The AWU, being the bargaining representative for the Agreement, has given notice

under s.183 of the Act that they want the Agreement to cover them. In accordance with
s.201(2) of the Act I note that the Agreement covers the organisation.

[3] Pursuant to s.190 of the Act, the Company has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement. The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009i is taken to be a term of the Agreement and attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

[2014] FWCA 4653

ANNEXURE A

[2014] FWCA 4653

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) submitted an application for approval of the Hancock Victorian Plantations Pty Limited - AWU Enterprise Agreement 2014-2017 under section 185 of the Fair Work Act 2009. The application sought the approval of the agreement, which was to govern the terms and conditions of employment for workers in the timber and paper products industry. The agreement was proposed to cover the period from 18 July 2014 to 30 June 2017.

The legal issues in this case revolved around the compliance of the proposed enterprise agreement with the requirements of sections 186, 187, and 188 of the Fair Work Act 2009. The court had to determine whether the AWU had met all the necessary criteria to have the agreement approved, including whether the company had provided the required undertaking and whether a consultation clause was included. The court also had to ensure that the model consultation term was attached to the agreement since the proposed agreement did not contain a suitable clause.

The court found that the AWU had fulfilled all the relevant requirements for the approval of the agreement. The AWU had given notice under section 183 of the Act that they wanted the agreement to cover them, and the company had provided the necessary undertaking as required by section 190 of the Act. Additionally, the agreement did not include a consultation clause, so the model consultation term prescribed by the Fair Work Regulations 2009 was attached to the agreement as per section 205(2) of the Act. The court approved the agreement, which will operate from 18 July 2014 until 30 June 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established