DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABC Tissue Products Pty Ltd T/A A Better Choice Timber Products
(AG2019/606)

ABC TISSUE PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2019

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 28 MARCH 2019

Application for approval of the ABC Tissue Products Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ABC Tissue Products Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ABC Tissue Products Pty Ltd T/A A Better Choice Timber Products. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, ABC Tissue Products Pty Ltd, trading as A Better Choice Timber Products, sought approval of their enterprise agreement from 2019. The application was made to the Fair Work Commission, which is the relevant body for approving such agreements under Australian industrial relations law. The dispute centred around whether the agreement met the necessary requirements for approval, particularly focusing on the provisions related to pay rates and conditions for employees.

The key legal issue before the Commission was whether the provisions of the 2019 Enterprise Agreement were compliant with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement's terms and conditions were fair and reasonable, and if they adhered to the broader objectives of the Act, including ensuring that employees received fair compensation and conditions of employment. The Commission also considered whether the agreement had been made in good faith and whether it provided for a safety net of minimum wages and conditions.

In assessing the agreement, the Commission examined the submissions from both parties and the evidence presented. The applicants argued that the agreement was fair and reasonable, reflecting the economic realities of the business and the workforce. The Commission noted that the agreement provided for above-award rates of pay and included provisions for overtime, penalty rates, and allowances, which were considered fair and reasonable. The Commission found that the agreement met the requirements of the Fair Work Act, including being made in good faith and providing a safety net of minimum wages and conditions. Consequently, the Commission approved the application for the enterprise agreement to be registered.

The final orders of the Commission were that the ABC Tissue Products Pty Ltd Enterprise Agreement 2019 be approved and registered. This decision ensures that the agreement will be binding on the parties and will provide the basis for the terms and conditions of employment for the workforce.

ABC Tissue Products Pty Ltd T/A A Better Choice Timber Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established