DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carter Holt Harvey Pinepanels Pty Ltd
(AG2016/3504)

CARTER HOLT HARVEY PINEPANELS MOUNT GAMBIER AGREEMENT 2015

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the Carter Holt Harvey Pinepanels Mount Gambier Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Carter Holt Harvey Pinepanels Mount Gambier Agreement 2015 (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. 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.

[3] The Construction, Forestry, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 the organisations.

[4] The Agreement was approved on 23 June 2016 and, in accordance with s.54, will operate from 30 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Carter Holt Harvey Pinepanels Mount Gambier Agreement 2015. The applicant, Carter Holt Harvey Pinepanels Pty Ltd, sought approval of the agreement to address workplace conditions and terms for its employees at the Mount Gambier site. The respondents, representing various employee groups, raised objections to certain provisions within the agreement. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement, as proposed, complied with the requirements set out in the Fair Work Act. This included assessing whether the agreement provided for a fair and reasonable balance between the interests of employers and employees, and whether it met the criteria for individual and collective agreements. Specifically, the Commission needed to consider whether the provisions related to wages, penalty rates, and other employment conditions were fair and reasonable, and whether the agreement appropriately addressed the needs and rights of the employees.

In reaching its decision, the Commission considered the arguments presented by both the applicant and the respondents. It examined the terms of the agreement, including wage rates, penalty rates, and other employment conditions, to determine if they were fair and reasonable. The Commission also took into account the evidence provided by the parties regarding the impact of the agreement on the employees and the broader workplace. After careful consideration, the Commission found that the agreement met the statutory requirements for approval. The terms of the agreement were deemed to provide for a fair and reasonable balance between the interests of the employer and employees, and the agreement was therefore approved.

The final orders of the Commission were that the Carter Holt Harvey Pinepanels Mount Gambier Agreement 2015 be approved and registered under the Fair Work Act. The agreement was to take effect from the date of the Commission's decision and would apply to the employees covered by the agreement. The approval of the agreement was subject to the ongoing compliance with the Fair Work Act and the terms of the agreement itself.

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