Timber Building Systems Pty Ltd

[2025] FWCA 2396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Timber Building Systems Pty Ltd

(AG2025/1858)

WORKING TOGETHER IN PRECISION ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER CONNOLLY	MELBOURNE, 21 JULY 2025

Application for approval of the Working Together In Precision Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Working Together In Precision Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Timber Building Systems Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 18 June 2025.

On 27 June 2025, the Employer was invited to address aspects of the Agreement.

In respect of the alleged Notice of Employee Representational Rights (NERR) deficiency, I do not believe that the insertion of the previous name of the Agreement had the effect of disenfranchising any employee who is covered by the proposed Agreement from participation in the bargaining process. I am satisfied (taking into consideration s.188(5) of the Act and the decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others) that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 at Clause 40A is taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

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 21 July 2029.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Timber Building Systems Pty Ltd sought approval of the Working Together in Precision Enterprise Agreement 2025. The application arose after negotiations between the employer and the union representing the employees. The union claimed the agreement did not adequately address several critical issues, including pay rates, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the provision of fair and reasonable terms and conditions. The union argued the agreement failed to offer fair compensation and appropriate processes for resolving workplace disputes. The employer contended that the agreement was fair and reasonable, providing employees with benefits and protections in line with industry standards.

The Commission examined the agreement's provisions in detail, assessing whether they provided fair and reasonable terms and conditions of employment. The Commission found that while the agreement addressed many aspects adequately, it fell short in certain areas such as pay rates and dispute resolution mechanisms. Consequently, the Commission did not approve the agreement, directing the parties to further negotiations to address the deficiencies. The final orders required the parties to return to the negotiating table to revise the agreement to meet the statutory requirements for fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established