DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AKD Victoria Pty Ltd
(AG2019/4723)

AKD YARRAM COLLECTIVE AGREEMENT 2019

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 23 JANUARY 2020

Application for approval of the AKD Yarram Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the AKD Yarram Collective 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 AKD Victoria Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved AKD Victoria Pty Ltd and the National Union of Workers. The dispute centred on the application for the approval of the AKD Yarram Collective Agreement 2019, which the union had submitted for registration. The union argued that the agreement was fair and represented the interests of the employees, while AKD Victoria contended that certain provisions of the agreement were not fair and should not be approved.

The central legal issue was whether the collective agreement, as submitted, met the criteria for approval under the Fair Work Act 2009. This required the commission to assess whether the agreement complied with the relevant provisions of the Act and whether it was made in good faith and without coercion. Furthermore, the commission had to consider whether any provisions of the agreement were unfair under the Act.

In its decision, the Fair Work Commission considered the arguments presented by both parties. The commission examined the specific provisions of the agreement that AKD Victoria had challenged and assessed whether these provisions were fair and reasonable. The commission noted that the agreement contained provisions that aligned with the principles of good faith bargaining and did not evidence any form of coercion. The commission found that the majority of the provisions were fair and in line with the legislative framework. Consequently, the commission approved the collective agreement with minor amendments to address the specific concerns raised by AKD Victoria.

The final orders of the commission were that the AKD Yarram Collective Agreement 2019 be approved with certain amendments to specific provisions. These amendments were aimed at ensuring the agreement met all legal requirements and was fair to all parties involved. The commission's decision effectively resolved the dispute and allowed the agreement to be registered, providing a framework for the terms and conditions of employment for the relevant employees.

AKD Victoria Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established