DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carter Holt Harvey Pinepanels Pty Ltd
(AG2017/5814)

CARTER HOLT HARVEY OBERON PINEPANELS ENTERPRISE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JANUARY 2018

Application for approval of the Carter Holt Harvey Oberon Pinepanels Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Carter Holt Harvey Oberon Pinepanels Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carter Holt Harvey Pinepanels Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, 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 was approved on 25 January 2018 and, in accordance with s.54, will operate from 1 February 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Carter Holt Harvey Pinepanels Pty Ltd, seeking approval of the Carter Holt Harvey Oberon Pinepanels Enterprise Agreement 2017. The respondents, various trade unions, opposed the application, raising concerns about the proposed terms and conditions of employment. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it promoted high levels of productivity and harmonious, productive relationships between employers and employees.

The legal issues before the Commission involved assessing whether the agreement complied with the provisions of the Fair Work Act, including the 'better off overall test' which requires that employees be no worse off financially under the new agreement compared to their existing conditions. The Commission also had to consider whether the agreement facilitated productivity by avoiding unnecessary complexity and promoting cooperative behaviour. Furthermore, the Commission examined whether the agreement would lead to harmonious, productive relationships between the parties by including appropriate dispute resolution mechanisms.

In delivering its decision, the Commission found that the proposed agreement satisfied the statutory requirements under the Fair Work Act. It determined that employees would not be worse off financially, thereby meeting the 'better off overall test'. The agreement was also found to promote productivity by streamlining processes and fostering cooperative behaviour. The Commission concluded that the agreement would contribute to harmonious, productive relationships through its comprehensive dispute resolution provisions. Accordingly, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Carter Holt Harvey Oberon Pinepanels Enterprise Agreement 2017, effective from the date of the decision. The agreement now serves as the basis for the employment conditions of the relevant employees, subject to the terms and conditions outlined in the approved document.

Carter Holt Harvey Pinepanels 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