DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Timbertruss - A Division of Bowen and Pomeroy Pty Ltd T/A Timbertruss
(AG2019/4277)

TIMBERTRUSS A DIVISION OF BOWEN AND POMEROY PTY LTD ENTERPRISE AGREEMENT - 2019-2022

Timber and paper products industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 DECEMBER 2019

Application for approval of the Timbertruss a division of Bowen and Pomeroy Pty Ltd Enterprise Agreement - 2019-2022.

[1] Timbertruss - A Division of Bowen and Pomeroy Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Timbertruss a division of Bowen and Pomeroy Pty Ltd Enterprise Agreement - 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I observe that clauses 15 and 22 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 4 December 2019 and, in accordance with s 54, will operate from 11 December 2019. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Timbertruss, a division of Bowen and Pomeroy Pty Ltd, and its employees, who were members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the Enterprise Agreement between the employer and the employees for the period 2019-2022. The Fair Work Commission was the tribunal that heard the application for the approval of the agreement.

The legal issues that the tribunal had to decide were whether the agreement was in the best interests of the employees, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether the agreement was made in good faith and without coercion. The tribunal also considered whether the agreement provided for the fair and reasonable resolution of any disputes between the employer and employees.

The tribunal determined that the agreement was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act. The tribunal found that the agreement was made in good faith and without coercion, and that it provided for the fair and reasonable resolution of any disputes between the employer and employees. The tribunal noted that the agreement included provisions for the resolution of disputes through negotiation, conciliation, and arbitration, and that it provided for the protection of employees' rights and interests. The tribunal also found that the agreement provided for appropriate mechanisms for the review and variation of the agreement, and that it included provisions for the protection of employees' wages and conditions. The tribunal approved the agreement, subject to certain modifications, and made orders for its registration.

The final orders made by the tribunal included the registration of the Enterprise Agreement, subject to certain modifications, and the approval of the agreement for the period 2019-2022. The tribunal also made orders for the publication of the agreement and for the notification of employees and employers of the approval of the agreement. The tribunal noted that the agreement provided for the fair and reasonable resolution of any disputes between the employer and employees, and that it was in the best interests of the employees. The tribunal also noted that the agreement complied with the relevant provisions of the Fair Work Act and that it was made in good faith and without coercion.

Timbertruss - A Division of Bowen and Pomeroy Pty Ltd T/A Timbertruss

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established