DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Timberlink Australia Pty Ltd T/A Timberlink Australia
(AG2016/1664)

TIMBERLINK AUSTRALIA TARPEENA SITE ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 29 AUGUST 2016

Application for approval of the Timberlink Australia Tarpeena Site Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Timberlink Australia Tarpeena Site Enterprise 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 Australia. 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 Australian Workers’ Union 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 5 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Timberlink Australia Pty Ltd, trading as Timberlink Australia, applied for approval of the Timberlink Australia Tarpeena Site Enterprise Agreement 2016. The applicant sought to implement the agreement to govern the employment terms and conditions of its employees, including those working at the Tarpeena site. The application was made under the Fair Work Act 2009, which mandates that enterprise agreements must meet certain criteria to be approved and registered.

The primary legal issue before the Commission was whether the agreement met the requirements for registration under the Fair Work Act. This involved examining whether the agreement was made in good faith, whether it contained the necessary minimum terms, and if the appropriate process for making the agreement had been followed. Additionally, the Commission had to assess whether the agreement was fair and whether it contained appropriate dispute resolution mechanisms.

The Fair Work Commission found that the agreement was made in good faith and contained the necessary minimum terms. It was also established that the process for making the agreement was appropriate, and the terms of the agreement were fair. The Commission noted that the agreement included provisions for dispute resolution, which were considered adequate. Given these findings, the Commission approved the application and registered the enterprise agreement under the Fair Work Act.

The final orders of the Commission included the approval and registration of the Timberlink Australia Tarpeena Site Enterprise Agreement 2016, effective from the date of the decision. The agreement was to apply to all employees of Timberlink Australia Pty Ltd, trading as Timberlink Australia, at the Tarpeena site.

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