PICKARD TIMBER & PICKARD TRUSSES ENTERPRISE AGREEMENT 2025

Application for approval of the Pickard Timber & Pickard Trusses Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Pickard Timber & Pickard Trusses Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MSP Group Pty Ltd trading as Pickard Timber & Pickard Trusses (the Applicant). The Agreement is a single enterprise agreement.

[2] The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.

[3] The Applicant has provided written undertakings. 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.

[4] Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertaking is taken to be a term of the Agreement.

[5] The Agreement contains a Delegates' Rights Term that is less favourable than the recently amended Timber Industry Award 2020 and Road Transport and Distribution Award 2020 (the Awards). Pursuant to section 205A(2) of the Act, the Workplace Delegates' Rights terms in Clause 33A of the Timber Industry Award 2020 and Clause 29A of the Road Transport and Distribution Award 2020 are taken to be terms of the Agreement.

[6] The Applicant has provided a submission that it does not currently employ trainees or apprentices and does not intend to employ trainees or apprentices during the life of the Agreement. I accept this submission. Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submission of the Applicant that the employment of apprentices or trainees is not reasonably foreseeable. For completeness, I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to types of employment at a later time.  

[7] The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act from 31 March 2026. The nominal expiry date of the Agreement is 1 January 2028.

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