Timberman & Co Pty Ltd

[2021] FWCA 6438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Timberman & Co Pty Ltd
(AG2021/7927)

TIMBERMAN & CO PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 OCTOBER 2021

Application for approval of the Timberman & Co Pty Ltd Enterprise Agreement 2021 - 2025

[1] An application has been made for approval of an enterprise agreement known as the Timberman & Co Pty Ltd Enterprise Agreement 2021 - 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 November 2021. The nominal expiry date of the Agreement is 27 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Timberman & Co Pty Ltd for the approval of the Enterprise Agreement 2021-2025. The company sought to have the agreement, which covered its employees, approved under section 230 of the Fair Work Act 2009. The applicants were represented by legal counsel, and no union or employee representatives opposed the application.

The primary legal issue the Commission had to address was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in accordance with the Act's good faith bargaining provisions, whether it contained all the necessary minimum terms and conditions, and if it complied with the procedural requirements for registration. The Commission also considered if the agreement was in the best interests of the employees and if it provided a fair and efficient workplace arrangement.

In delivering its decision, the Commission examined the evidence presented and assessed the agreement against the statutory framework. The Commission found that the agreement was the product of genuine negotiations between the parties and met the good faith bargaining requirements. It also found that the agreement included all the necessary minimum terms and conditions and adhered to the procedural requirements for registration. The Commission concluded that the agreement was in the best interests of the employees and provided a fair and efficient workplace arrangement, thereby satisfying the criteria for approval under the Fair Work Act.

The Commission approved the Timberman & Co Pty Ltd Enterprise Agreement 2021-2025, making it a legally binding instrument from the date of the decision. The agreement now governs the terms and conditions of employment for the employees of Timberman & Co Pty Ltd for the duration specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established