DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carter Holt Harvey Pinepanels Pty Ltd
(AG2016/6151)

CARTER HOLT HARVEY PINEPANELS GYMPIE, ENTERPRISE AGREEMENT, 2016

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Carter Holt Harvey Pinepanels Gympie, Enterprise Agreement, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Carter Holt Harvey Pinepanels Gympie, Enterprise Agreement, 2016 (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] 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), The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Carter Holt Harvey Pinepanels Pty Ltd sought approval for the Gympie Enterprise Agreement 2016. The applicant argued that the agreement was necessary to address issues of workplace flexibility, productivity, and remuneration within the organisation. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement complied with the procedural and substantive requirements set out in the Act. Procedurally, the Commission examined whether the agreement was genuinely negotiated and whether appropriate steps were taken to inform and consult with employees. Substantively, the focus was on whether the agreement provided for fair and reasonable terms and conditions, including remuneration, working hours, and other employment matters.

The Commission found that the agreement had been genuinely negotiated and that the procedural requirements were met. It also concluded that the substantive provisions of the agreement were fair and reasonable, taking into account the specific circumstances of the workforce and the business needs of the applicant. The Commission highlighted the flexibility provisions and the overall balance achieved in the agreement as key factors in its decision. Consequently, the Commission approved the Gympie Enterprise Agreement 2016.

The final orders included the approval of the Gympie Enterprise Agreement 2016, with the agreement to be registered with the Fair Work Commission. The approval was subject to the terms and conditions set out in the agreement, which would now govern the employment relationship between Carter Holt Harvey Pinepanels Pty Ltd and its workforce in Gympie.

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