DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Timberlink Australia Pty Ltd T/A Timberlink Australia
(AG2021/4970)

TIMBERLINK, CFMEU, AMWU & CEPU BELL BAY COLLECTIVE AGREEMENT 2021

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 17 MAY 2021

Application for approval of the Timberlink, CFMEU, AMWU & CEPU Bell Bay Collective Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Timberlink, CFMEU, AMWU & CEPU Bell Bay Collective Agreement 2021 (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 Australia. 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, 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, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Timberlink Australia Pty Ltd, trading as Timberlink Australia, along with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the Australian Manufacturing Workers' Union (AMWU), and the Communications, Electrical and Plumbing Union (CEPU). The dispute centred around the application for approval of the Bell Bay Collective Agreement 2021, which was proposed by the unions and Timberlink Australia. The Commission had to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission encompassed whether the agreement contained terms that were unfair or otherwise not in compliance with the Act. The Commission also had to consider whether the agreement had been genuinely negotiated between the parties and whether it met the requirements for good faith bargaining. Additionally, the Commission examined whether the agreement provided for proper protections for employees and whether it adequately addressed the needs of both employers and employees.

In its decision, the Commission found that the agreement contained provisions that were not in compliance with the Act, including terms that were deemed unfair. Despite this, the Commission determined that the overall agreement had been genuinely negotiated in good faith and that it provided adequate protections for employees. The Commission decided to approve the agreement with modifications to the unfair terms, ensuring that the balance between the rights of employers and employees was maintained. The final orders included the approval of the agreement with the specified modifications, allowing it to proceed as a legally binding instrument.

Timberlink Australia Pty Ltd T/A Timberlink Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established