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[2022] FWCA 3411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

VicForests

(AG2022/3897)

VicForests Enterprise Agreement 2020

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

Application for approval of the VicForests Enterprise Agreement 2020

VicForests has made an application for approval of an enterprise agreement known as the VicForests Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, not all employees were provided with all of the voting instructions 7 clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and 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, 188 and 190 as are relevant to this application for approval has been met.

The Community and Public Sector Union (CPSU), 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 CPSU.

The Agreement was approved on 4 October 2022 and, in accordance with s 54, will operate from 11 October 2022. The nominal expiry date of the Agreement is 1 November 2024.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the employer, VicForests, for approval of the VicForests Enterprise Agreement 2020. The dispute centred on the conditions of employment for workers within the forestry industry in Victoria, particularly those who are represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission is the body with jurisdiction to hear such matters under the Fair Work Act 2009. The Commission was required to consider whether the proposed agreement met the statutory requirements for approval under the Act, including whether it provided for the safety, health, and welfare of employees and whether it would facilitate productivity and efficiency in the workplace.

The primary legal issues before the Commission were whether the proposed agreement provided adequate safeguards for employees in terms of working conditions, pay rates, and entitlements, and whether it facilitated fair and efficient industrial relations practices. The Commission had to weigh these considerations against the need to provide employers with sufficient flexibility to operate their businesses in a competitive and sustainable manner. The Commission also had to consider the potential impact of the agreement on the broader forestry industry and the potential for it to set a precedent for future agreements in the sector.

The Commission found that the proposed agreement met the statutory requirements for approval, as it provided for fair and reasonable terms and conditions of employment while also facilitating productivity and efficiency in the workplace. The Commission was satisfied that the agreement provided adequate safeguards for employees and did not undermine the health, safety, and welfare of workers. The Commission also found that the agreement would facilitate fair and efficient industrial relations practices and did not have an adverse effect on the broader forestry industry. The Commission concluded that the proposed agreement would promote harmonious, productive, and cooperative workplace relations and was in the best interests of the employees and the employer.

The Fair Work Commission approved the VicForests Enterprise Agreement 2020, subject to certain modifications to ensure compliance with the Fair Work Act. The Commission made orders for the agreement to be registered and for it to come into effect from a specified date. The Commission also made orders for the employer to provide certain information to employees and for the employer and employees to take certain steps to facilitate the implementation of the agreement. The parties were directed to take all reasonable steps to give effect to the agreement and to resolve any disputes that may arise in accordance with its terms.

VicForests

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