DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carter Holt Harvey Pinepanels Pty Ltd
(AG2014/10075)

CARTER HOLT HARVEY PINEPANELS GYMPIE, ENTERPRISE AGREEMENT, 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 3 DECEMBER 2014

Application for approval of the Carter Holt Harvey Pinepanels Gympie, Enterprise Agreement, 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Carter Holt Harvey Pinepanels Gympie, Enterprise Agreement, 2014 (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 Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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 the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Australian Workers’ Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2014. The nominal expiry date of the Agreement is 30 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Carter Holt Harvey Pinepanels Pty Ltd and its employees, who sought approval for the Carter Holt Harvey Pinepanels Gympie, Enterprise Agreement, 2014. The application was brought before the Fair Work Commission to ensure the agreement complied with the relevant industrial legislation. The Fair Work Commission was tasked with examining the fairness and appropriateness of the proposed agreement, particularly in terms of its impact on employees’ conditions and rights.

The primary legal issues the Commission had to address were whether the agreement met the requirements set out in the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and if it was appropriately certified by an independent certifier. The Commission also had to consider whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it adhered to the principles of procedural fairness.

In its decision, the Commission carefully reviewed the provisions of the agreement and the process by which it was certified. The Commission noted that the agreement included provisions for minimum wages, penalty rates, leave entitlements, and other conditions of employment. It found that the agreement was fair and reasonable, and that it had been appropriately certified by an independent certifier. The Commission concluded that the agreement was in the best interests of the employees and met the statutory requirements for approval.

The Commission approved the Carter Holt Harvey Pinepanels Gympie, Enterprise Agreement, 2014, affirming that it complied with the necessary legal standards and was fair to both parties. The approval was contingent on the agreement being implemented in good faith and in accordance with its terms.

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