DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Timberite Building Supplies Pty Ltd
(AG2019/4018)

TIMBERITE BUILDING SUPPLIES, ENTERPRISE BARGAINING AGREEMENT 2019

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 28 NOVEMBER 2019

Application for approval of the Timberite Building Supplies, Enterprise Bargaining Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Timberite Building Supplies, Enterprise Bargaining Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Timberite Building Supplies Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] I note that Clause 5.1 of the Agreement states the operative date of the Agreement will be the beginning of the first pay period to commence on or after 1^st September 2019, which is inconsistent with s.54(1) of the Act which provides that an enterprise agreement approved by the Commission operates from either 7 days after the Agreement is approved or a later date specified in the Agreement.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2019. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant Timberite Building Supplies Pty Ltd sought approval of the Timberite Building Supplies, Enterprise Bargaining Agreement 2019. The applicant and the respondents, the Building Construction, Forestry, Maritime, Mining and Energy Union (CFMMU) and the Timber Workers Union (TWU), are engaged in a dispute over the terms and conditions of employment for employees within the building materials sector. The legal issues before the Commission were whether the agreement was in accordance with the Fair Work Act 2009 and whether it met the requirements for a protected action ballot. The Commission examined the provisions of the agreement, including its coverage, duration, and the processes by which it was negotiated and agreed upon. It also considered whether the agreement provided for the fair and efficient resolution of workplace disputes. The Commission found that the agreement was made in good faith, and it contained provisions that were necessary to achieve a fair and efficient workplace. It concluded that the agreement met the statutory requirements and approved it. The Commission ordered that the agreement be registered and that it would commence on the date of the decision and remain in force for four years.

Timberite Building Supplies 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