Wa Plantation Resources Pty Ltd

[2025] FWCA 1498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wa Plantation Resources Pty Ltd

(AG2025/1095)

WA PLANTATION RESOURCES PTY LTD (WAPRES) ENTERPRISE AGREEMENT 2025

Timber and paper products industry
COMMISSIONER SCHNEIDER	PERTH, 6 MAY 2025

Application for approval of the WA Plantation Resources Pty Ltd (WAPRES) Enterprise Agreement 2025

Wa Plantation Resources Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the WA Plantation Resources Pty Ltd (WAPRES) Enterprise Agreement 2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 3.3 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

Pursuant to section 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 Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided by the organisations, I note that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 May 2025. The nominal expiry date of the Agreement is 6 May 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Wa Plantation Resources Pty Ltd (WAPRES) for approval of the WA Plantation Resources Pty Ltd (WAPRES) Enterprise Agreement 2025. The primary parties involved were WAPRES, a company operating in the plantation resources sector, and the union representing the employees. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, which sought to regulate various aspects of employment, including wages, working hours, and other workplace conditions. The matter was heard by the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009.

The legal issues before the Commission primarily revolved around whether the proposed enterprise agreement met the statutory requirements for approval. Specifically, the Commission had to determine if the agreement was made in good faith, if it provided for the terms and conditions of employment fairly and reasonably, and if it complied with the various provisions of the Fair Work Act. Additionally, the Commission needed to consider if the agreement appropriately balanced the interests of both the employer and the employees. Given the broad scope of the agreement, the Commission had to examine numerous specific clauses in detail to ascertain their compliance with the statutory framework.

In deliberating on the matter, the Commission meticulously reviewed the proposed agreement, examining each clause to ensure that it adhered to the requirements of the Fair Work Act. The Commission emphasised the importance of good faith bargaining and the need for the agreement to be fair and reasonable. The Commission took into account submissions from both WAPRES and the union, as well as broader economic and industry factors. Ultimately, the Commission found that the proposed agreement met the statutory requirements and was in the best interests of the employees. The Commission approved the WA Plantation Resources Pty Ltd (WAPRES) Enterprise Agreement 2025, thereby resolving the dispute.

The Fair Work Commission's decision to approve the enterprise agreement was grounded in its determination that the agreement was made in good faith and provided fair and reasonable terms and conditions for the employees. The Commission highlighted the importance of balancing the interests of both parties and ensuring that the agreement complied with all statutory requirements. This decision will serve as a binding framework for employment terms and conditions within WAPRES for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established