DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carter Holt Harvey Plywood Pty Ltd
(AG2019/3593)

CARTER HOLT HARVEY PLYWOOD PTY LTD MYRTLEFORD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 OCTOBER 2019

Application for approval of the Carter Holt Harvey Plywood Pty Ltd Myrtleford Enterprise Agreement 2019

[1] 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 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, has each given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 22 October 2019 and, in accordance with s 54, will operate from 29 October 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Carter Holt Harvey Plywood Pty Ltd Myrtleford Enterprise Agreement 2019. The applicant, Carter Holt Harvey Plywood Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009, which mandates that certain criteria are met to ensure the agreement is fair and appropriate for the employees it covers. The application was contested by the Australian Manufacturing Workers' Union, which raised concerns about the fairness and compliance of the proposed agreement with relevant labour laws.

The central legal issues before the commission included whether the agreement met the criteria for 'better off overall', 'no disadvantage', and whether it complied with the 'good faith' bargaining requirement. The commission had to assess whether the proposed terms and conditions of employment were fair and reasonable, and if the process of bargaining leading to the agreement was conducted in good faith. It was also necessary to determine if the agreement provided adequate protections and benefits to the employees and whether it aligned with the principles of industrial fairness.

In its decision, the Fair Work Commission examined the application in detail, considering submissions from both parties and the evidence provided. The commission found that the agreement met the statutory requirements, including the 'better off overall' test and 'no disadvantage' test, as it provided employees with terms and conditions that were at least as good as, or better than, those under the applicable award or previous agreement. The commission also concluded that the bargaining process was conducted in good faith, as evidenced by the submissions and the overall fairness of the agreement. The union's concerns were addressed, and the commission determined that the agreement was fair and appropriate for approval.

The Fair Work Commission approved the Carter Holt Harvey Plywood Pty Ltd Myrtleford Enterprise Agreement 2019, confirming that it met all the necessary criteria under the Fair Work Act. This decision effectively formalises the agreement, allowing it to take effect and govern the employment conditions for the employees covered by the agreement. The approval is subject to the terms and conditions outlined in the agreement, which now form the basis of the employment relationship between the employer and the employees.

Carter Holt Harvey Plywood 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