DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Timberman & Co Pty Ltd
(AG2017/5085)

TIMBERMAN & CO PTY LTD ENTERPRISE AGREEMENT 2017 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 MARCH 2018

Application for approval of the Timberman & Co Pty Ltd Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Timberman & Co Pty Ltd Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Timberman & Co Pty Ltd. 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, 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 Agreement was approved on 14 March 2018 and, in accordance with s.54, will operate from 21 March 2018. The nominal expiry date of the Agreement is 21 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Timberman & Co Pty Ltd, sought approval for the Enterprise Agreement 2017-2020 in the Fair Work Commission. The respondents, comprising various unions, challenged the agreement, raising concerns about its compliance with the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions outlined in the proposed agreement, including matters such as pay rates, working hours, and dispute resolution mechanisms.

The legal issues before the court revolved around whether the agreement met the requirements for approval under the Fair Work Act, particularly focusing on whether it provided for the fair and reasonable terms for the employees. Key points included whether the agreement ensured minimum rates of pay, protected against underpayment, and provided for an appropriate dispute resolution process. Additionally, the court needed to determine if the agreement was genuinely negotiated and if it complied with the good faith bargaining obligations.

The Fair Work Commission, after considering the submissions and evidence from both parties, concluded that the Enterprise Agreement 2017-2020 substantially achieved the objectives of the Fair Work Act. The court found that the agreement provided for fair and reasonable terms for the employees, ensuring adequate protection against underpayment and providing for an appropriate dispute resolution process. The Commission also determined that the agreement was genuinely negotiated and complied with the good faith bargaining obligations. Consequently, the application for approval was successful, and the agreement was approved.

Timberman & Co Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established