DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Timberlink Australia Pty Ltd
(AG2019/3084)

TIMBERLINK AUSTRALIA TARPEENA SITE ENTERPRISE AGREEMENT 2019

Timber and paper products industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 OCTOBER 2019

Application for approval of the Timberlink Australia Tarpeena Site Enterprise Agreement 2019

[1] Timberlink Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Timberlink Australia Tarpeena Site Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, has each given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 24 October 2019 and, in accordance with s 54, will operate from 31 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Timberlink Australia, sought approval of the Timberlink Australia Tarpeena Site Enterprise Agreement 2019 from the Fair Work Commission. The respondent, the Transport Workers Union, challenged the agreement on several grounds, including that it did not comply with the Fair Work Act 2009 in various respects. The Commission was required to decide whether the agreement was in the public interest and met the necessary requirements for approval.

The primary legal issue before the Commission was whether the agreement complied with the legislative requirements for enterprise agreements under the Fair Work Act. The Commission considered whether the agreement was genuinely an enterprise agreement, whether it was made in accordance with the processes set out in the Act, and whether it met the public interest test. The Commission also had to examine the agreement's provisions to ensure they did not undermine the rights of employees.

The Commission found that the agreement was genuinely an enterprise agreement and had been made in accordance with the legislative processes. The Commission also determined that the agreement met the public interest test and did not undermine the rights of employees. The Commission held that the agreement was fair and reasonable, and that it did not have any adverse effects on the employees' entitlements or working conditions. The Commission approved the agreement and made orders accordingly.

The Fair Work Commission approved the Timberlink Australia Tarpeena Site Enterprise Agreement 2019. The Commission made an order approving the agreement and setting out the terms and conditions of employment for the employees covered by the agreement. The Commission also made orders that the agreement be registered with the Fair Work Commission and that it be published on the Fair Work website. The Commission's decision was final and binding on the parties.

Timberlink Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established