Timco Pty Ltd T/A Timco Timber

[2024] FWCA 3822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Timco Pty Ltd T/A Timco Timber

(AG2024/3545)

TIMCO PTY LTD AND CFMEU, SALISBURY & LONSDALE COLLECTIVE AGREEMENT 2024 - 2027

Timber and paper products industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 31 OCTOBER 2024

Application for approval of the Timco Pty Ltd & CFMEU Salisbury & Lonsdale Collective Agreement 2024 -2027

An application has been made for approval of an enterprise agreement to be known as the Timco Pty Ltd & CFMEU Salisbury & Lonsdale Collective Agreement 2024 -2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Timco Pty Ltd T/A Timco Timber (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 29 October 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Timber Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Construction, Forestry and Maritime Employees Union - Manufacturing Division, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Timco Pty Ltd, trading as Timco Timber, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter pertained to the application for the approval of a collective agreement between Timco Pty Ltd and the CFMEU for the period 2024 to 2027. The applicants sought formal recognition of the agreement, which outlined terms and conditions of employment for workers within the specified industry. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and whether it was in the best interest of the employees and the employer.

The central legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and if the process through which the agreement was formed adhered to the necessary procedural fairness. Specifically, the Commission examined whether the agreement contained all the mandated terms and conditions, and whether it was fair and reasonable. Additionally, the Commission needed to consider if there were any provisions within the agreement that might be contrary to public policy or any other legal requirements.

The Fair Work Commission found that the Timco Pty Ltd & CFMEU Salisbury & Lonsdale Collective Agreement 2024-2027 was in compliance with the requirements of the Fair Work Act. The agreement was deemed to cover all mandated terms and conditions and was considered to be fair and reasonable. The Commission also noted that the process by which the agreement was negotiated and finalised was conducted in a manner that was procedurally fair. Given these findings, the Commission concluded that the agreement should be approved as it met all the legal criteria and was in the best interest of the parties involved. The Commission approved the application, thereby formally recognising the agreement as a binding instrument between Timco Pty Ltd and the CFMEU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established