Carter Holt Harvey Plywood Pty Ltd

[2022] FWCA 3201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carter Holt Harvey Plywood Pty Ltd

(AG2022/3732)

Carter Holt Harvey Plywood Pty Ltd Myrtleford Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 SEPTEMBER 2022

Application for approval of the Carter Holt Harvey Plywood Pty Ltd Myrtleford Enterprise Agreement 2022

Carter Holt Harvey Plywood Pty Ltd has made an application for approval of an enterprise agreement known as the Carter Holt Harvey Plywood Pty Ltd Myrtleford Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) and based on their declarations, I note that the Agreement covers the CFMMEU, the AMWU and the CEPU.

The Agreement was approved on 14 September 2022 and, in accordance with s 54, will operate from 21 September 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Carter Holt Harvey Plywood Pty Ltd applied for the approval of the Carter Holt Harvey Plywood Pty Ltd Myrtleford Enterprise Agreement 2022. The applicant, Carter Holt Harvey Plywood Pty Ltd, sought the Commission's approval for this enterprise agreement, which was negotiated with the employees represented by the relevant union. The dispute centred around whether the terms of the agreement met the statutory requirements under the Fair Work Act 2009, including whether the agreement was fairly and appropriately negotiated and whether it complied with the provisions regarding minimum entitlements and other regulatory standards.

The primary legal issue for the Commission to decide was whether the agreement fulfilled the criteria for approval under the Fair Work Act. This involved examining the negotiation process, the content of the agreement, and its compliance with statutory provisions, including those related to minimum entitlements, redundancy and other employment standards. The Commission needed to determine if the agreement provided for fair and reasonable terms for the employees and if it met the broader objectives of the Act in promoting harmonious, productive and cooperative workplace relations.

Upon reviewing the evidence and submissions, the Commission found that the agreement was appropriately negotiated and contained terms that were fair and reasonable for the employees. The agreement was consistent with the statutory requirements and provided for minimum entitlements that met or exceeded the standards set out in the relevant awards and the National Employment Standards. The Commission also noted that the agreement included provisions that promoted cooperative workplace relations and addressed key employment issues in a balanced manner. Consequently, the Commission approved the agreement under section 173 of the Fair Work Act. The decision confirmed the enterprise agreement as binding on the parties, effective from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established