DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Timber Milling Services Pty Ltd
(AG2015/1750)

TRUSTEE FOR TIMBER MILLING SERVICES PTY LTD ENTERPRISE AGREEMENT

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 24 MARCH 2015

Application for approval of the Trustee for Timber Milling Services Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of a single-enterprise agreement known as the Trustee for Timber Milling Services Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Timber Milling Services Pty Ltd (the Applicant).

[2] 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.

[3] Pursuant to s.190 of the Act, the Applicant 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2015. The nominal expiry date of the Agreement is 28 February 2019.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Trustee for Timber Milling Services Pty Ltd Enterprise Agreement. The applicant, the Trustee, sought the Commission's approval for the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for the employees of the company. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the proposed agreement met the statutory requirements under the Fair Work Act, particularly concerning the certification process and the fairness of the terms. Additionally, the Commission had to ensure that the agreement did not disadvantage employees and provided a safety net of minimum entitlements.

In its reasoning, the Commission examined the certification process and the content of the proposed agreement. It found that the Trustee had followed the correct procedures for certification and that the agreement contained provisions that met the legal requirements for approval. The Commission also considered whether the agreement provided a safety net of minimum entitlements and ensured fairness for the employees. Based on its findings, the Commission approved the proposed enterprise agreement, stating that it met the statutory requirements and provided adequate protection for the employees.

The Fair Work Commission approved the Trustee for Timber Milling Services Pty Ltd Enterprise Agreement, finding it compliant with the Fair Work Act and providing a fair safety net of minimum entitlements for the employees.

Timber Milling Services 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