Big River Industries T/A Ausply Pty Ltd

[2019] FWCA 6904

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Big River Industries T/A Ausply Pty Ltd

(AG2019/3069)

Big River Industries (T/A Ausply Pty Ltd) and CFMEU Manufacturing Division Enterprise Agreement 2019

Timber and paper products industry
Commissioner Williams	PERTH, 8 OCTOBER 2019

Application for approval of the Big River Industries (T/A Ausply Pty Ltd) and CFMEU Manufacturing Division Enterprise Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Big River Industries (T/A Ausply Pty Ltd) and CFMEU Manufacturing Division 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 Big River Industries T/A Ausply Pty Ltd. The Agreement is a single enterprise agreement.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 1 July 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Big River Industries Trading as Ausply Pty Ltd recently sought approval for the Enterprise Agreement 2019 with the Construction, Forestry, Maritime, Mining and Energy Union Manufacturing Division. The Fair Work Commission (FWC) was tasked with reviewing the agreement to ensure it complied with the Fair Work Act 2009 and its regulations. The union and the employer presented their respective positions, with the union asserting that the agreement adequately represented the interests of the employees while the employer argued for the necessity of the proposed terms to ensure business viability and competitiveness.

The primary legal issues revolved around whether the agreement met the statutory requirements under the Fair Work Act, particularly sections concerning the "better off overall test" (BOOT) and the "no disbenefit test". The FWC had to determine if the agreement was genuinely negotiated, free from coercion, and provided a safety net for employees that was at least equal to or better than the applicable award or registered agreement. Additionally, the FWC needed to examine the provisions for redundancy payments and whether they aligned with the legislative framework.

The FWC found that the agreement did meet the statutory requirements. The commission determined that the negotiation process was genuine, as evidenced by the documentation and testimonies provided. It was concluded that the agreement was not coercive and that employees would be at least as well off under the new agreement as they would have been under the existing award. The FWC also found that the redundancy provisions were compliant with the law, offering adequate protection to employees in the event of business restructuring or termination. Based on these findings, the FWC approved the Enterprise Agreement 2019.

The FWC's decision was that the Big River Industries (T/A Ausply Pty Ltd) and CFMEU Manufacturing Division Enterprise Agreement 2019 met the necessary statutory requirements and was approved in its entirety. This approval allows the agreement to come into effect, providing a new framework for the employment conditions of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established