DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WA Plantation Resources Pty Ltd T/A WAPRES
(AG2020/3076)

WA PLANTATION RESOURCES PTY LTD (WAPRES) ENTERPRISE AGREEMENT 2020

Timber and paper products industry
COMMISSIONER WILLIAMS	PERTH, 25 NOVEMBER 2020

Application for approval of the WA Plantation Resources Pty Ltd (WAPRES) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the WA Plantation Resources Pty Ltd (WAPRES) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WA Plantation Resources Pty Ltd T/A WAPRES. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

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CaseChat Overview and Summary

In the matter of WA Plantation Resources Pty Ltd, trading as WAPRES, the Fair Work Commission was called upon to consider the application for the approval of the WA Plantation Resources Pty Ltd (WAPRES) Enterprise Agreement 2020. The dispute arose between the applicant, the employer, and the union, representing the employees, concerning the terms and conditions of employment under the proposed enterprise agreement.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "registered agreement" under the Act, including whether it contained the mandatory terms prescribed by the Act, was free from prohibited content, and whether it was made in good faith and without coercion. The Commission also had to consider if the agreement provided for an appropriate balance of rights and obligations between the parties.

The Commission found that the agreement contained all the mandatory terms required by the Act, was free from prohibited content, and was made in good faith without any evidence of coercion. The Commission noted that the agreement provided for a fair balance of rights and obligations, taking into account the needs and interests of both the employer and the employees. The Commission was satisfied that the agreement met the criteria for being a "registered agreement" and approved the WA Plantation Resources Pty Ltd (WAPRES) Enterprise Agreement 2020.

The Fair Work Commission approved the WA Plantation Resources Pty Ltd (WAPRES) Enterprise Agreement 2020, determining that it complied with the requirements of the Fair Work Act 2009. The agreement was registered, and the terms and conditions set out in the agreement would apply to the employees covered by the agreement from the effective date.

WA Plantation Resources Pty Ltd T/A WAPRES

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established