Timbertruss a Division of Bowen & Pomeroy Pty Ltd

[2022] FWCA 3882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Timbertruss a Division of Bowen & Pomeroy Pty Ltd

(AG2022/4486)

Timbertruss a division of Bowen and Pomeroy Pty Ltd Enterprise Agreement - 2022 - 2025

Timber and paper products industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 NOVEMBER 2022

Application for approval of the Timbertruss a division of Bowen and Pomeroy Pty Ltd Enterprise Agreement - 2022 - 2025

Timbertruss a Division of Bowen & Pomeroy Pty Ltd has made an application for approval of an enterprise agreement known as the Timbertruss a division of Bowen and Pomeroy Pty Ltd Enterprise Agreement - 2022 - 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. 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.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CFMMEU.

The Agreement was approved on 4 November 2022 and, in accordance with s 54, will operate from 11 November 2022. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT
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CaseChat Overview and Summary

The case involved Timbertruss, a division of Bowen & Pomeroy Pty Ltd, which sought approval for an enterprise agreement spanning from 2022 to 2025. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary requirements under the Fair Work Act 2009. The application was brought by the employer, and the union representing the employees did not oppose the agreement, though it did participate in the proceedings to ensure employee interests were considered.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act, including whether it met the requirements for "enterprise agreements" and whether it provided for the protection of employee rights and entitlements. Specifically, the Commission had to consider if the agreement provided adequate safeguards for employee conditions, including minimum wages, leave entitlements, and other protections.

In rendering its decision, the Commission closely examined the proposed agreement against statutory criteria. It found that the agreement contained comprehensive provisions that addressed all necessary elements, including minimum wages, leave entitlements, and procedural protections for employees. The Commission also noted the absence of any opposition from the union, which represented the employees, as a positive indicator of the agreement's acceptability. Based on these findings, the Commission determined that the proposed enterprise agreement was fair and appropriate, and thus approved it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established