Carter Holt Harvey Corrugated Packaging Pty Ltd Summary

[2014] FWCA 1588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carter Holt Harvey Corrugated Packaging Pty Ltd
(AG2014/408)

CARTER HOLT HARVEY CORRUGATED PACKAGING PTY LTD ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 6 MARCH 2014

Application for approval of the Carter Holt Harvey Corrugated Packaging Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Carter Holt Harvey Corrugated Packaging Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Carter Holt Harvey Corrugated Packaging Pty Ltd. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 6 March 2014 and, in accordance with s.54 of the Act, will operate from 13 March 2014. The nominal expiry date of the Agreement is 29 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Carter Holt Harvey Corrugated Packaging Pty Ltd applied for the approval of the Enterprise Agreement 2013. The parties involved were Carter Holt Harvey Corrugated Packaging Pty Ltd and the union representing the employees. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, which the union contested on various grounds. The Fair Work Commission was tasked with examining the application and determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement complied with the procedural and substantive requirements of the Act. Procedurally, the Commission had to verify that the agreement was made in good faith and that the necessary procedural steps were followed, including adequate consultation and the provision of relevant information to the employees. Substantively, the Commission had to ensure that the agreement provided for fair and reasonable terms and conditions of employment, and did not discriminate against any group of employees.

Upon reviewing the application, the Commission found that the agreement was made in good faith and that the necessary procedural steps had been followed. The Commission also determined that the substantive terms of the agreement were fair and reasonable. It was noted that the agreement provided for a fair balance of rights and obligations between the employer and the employees, and that it did not contain any discriminatory provisions. Consequently, the Commission approved the Enterprise Agreement 2013, finding it to be compliant with the requirements of the Act.

The Fair Work Commission approved the Enterprise Agreement 2013, subject to the terms and conditions outlined in the decision. The agreement was to be registered with the Commission and would become effective from the date of registration. The approval was contingent upon the parties fulfilling any remaining procedural requirements, such as providing employees with a copy of the agreement and any other necessary information. The decision marked the resolution of the dispute, affirming the validity of the agreement and its terms and conditions.

Carter Holt Harvey Corrugated Packaging Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established