DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Timberlink Australia Pty Ltd T/A Timberlink
(AG2016/824)

TIMBERLINK, CFMEU, AMWU & CEPU BELL BAY COLLECTIVE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 18 MAY 2016

Application for approval of the Timberlink, CFMEU, AMWU & CEPU Bell Bay Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Timberlink, CFMEU, AMWU & CEPU Bell Bay Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Timberlink Australia Pty Ltd T/A Timberlink. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Timberlink Australia Pty Ltd T/A Timberlink, the Full Bench of the Fair Work Commission was tasked with considering an application for the approval of the Bell Bay Collective Agreement 2016. This agreement was proposed between Timberlink Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the Australian Manufacturing Workers' Union (AMWU), and the Communications, Electrical and Plumbing Union (CEPU). The agreement was intended to govern the employment conditions of the workers at the Bell Bay Pulp Mill in Tasmania. The application for approval arose as the agreement needed to meet the statutory requirements set out in the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act, particularly sections that require agreements to be in writing, free from prohibited content, and made without the influence of unlawful coercion. The Commission also had to determine if the agreement was made in good faith and if it complied with the requirement of being sufficiently detailed to ensure certainty of operation. Additionally, the Commission needed to ensure that the agreement did not contain provisions that would unfairly disadvantage any party and that it was consistent with the principles of the Fair Work Act.

The Commission thoroughly examined the terms of the proposed agreement, noting that it was comprehensive and addressed various employment conditions, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement was properly negotiated without any undue influence or coercion and that it met the statutory requirements. The Commission also concluded that the agreement was sufficiently detailed to provide clarity and certainty to both parties and did not unfairly disadvantage either party. Furthermore, the Commission was satisfied that the agreement was made in good faith and adhered to the principles of the Fair Work Act. Consequently, the Commission approved the application for the Bell Bay Collective Agreement 2016.

The Fair Work Commission approved the Bell Bay Collective Agreement 2016, recognising its compliance with the statutory requirements and its fairness and reasonableness in governing the employment conditions at the Bell Bay Pulp Mill.

Timberlink Australia Pty Ltd T/A Timberlink

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established