Carter Holt Harvey Woodproducts Australia Pty Ltd

[2017] FWCA 4597

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Carter Holt Harvey Woodproducts Australia Pty Ltd

(AG2017/2806)

Carter Holt Harvey Woodproducts Australia Pty Limited Myrtleford Enterprise Agreement 2016

Timber and paper products industry
COMMISSIONER RYAN	MELBOURNE, 4 SEPTEMBER 2017

Application for approval of the Carter Holt Harvey Woodproducts Australia Pty Limited Myrtleford Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Carter Holt Harvey Woodproducts Australia Pty Limited Myrtleford Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Carter Holt Harvey Woodproducts Australia Pty Ltd. The agreement is a single-enterprise agreement.

I identified to the parties various concerns I held with terms of the Agreement as made. The Applicant subsequently provided written undertakings in response to my concerns and these undertaking have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

Pursuant to s.190(4) of the Act, I have sought the views of all bargaining representatives in respect of the undertakings,. The bargaining representatives have not advised of any concerns with the undertakings provided.

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.

Against that background, 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

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Mining and Energy Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

The Agreement is approved and, in accordance with s.54(1), will operate from 11 September 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Carter Holt Harvey Woodproducts Australia Pty Ltd applied to the Fair Work Commission for approval of the 2016 Myrtleford Enterprise Agreement. The application was contested by the Australian Manufacturing Workers' Union. The central issue before the Fair Work Commission was whether the 2016 Agreement contained provisions that were contrary to the public interest, specifically regarding the termination of employees without just cause or reason. The Union argued that certain clauses within the Agreement would allow for the dismissal of employees without adequate cause or reason, which they claimed was contrary to the public interest.

The Fair Work Commission considered the nature of the provisions in question and their alignment with public interest standards. The Commission examined whether the termination provisions provided a fair and just process for employees, ensuring that any dismissal was not arbitrary or without proper justification. The Union contended that the Agreement did not sufficiently protect employees from unjust termination, which would contravene public interest principles. After reviewing the arguments and the relevant provisions of the Agreement, the Fair Work Commission concluded that the termination provisions did not contravene public interest standards. The Commission determined that the provisions provided a reasonable and fair process for termination, which was in line with public interest considerations.

Accordingly, the Fair Work Commission approved the 2016 Myrtleford Enterprise Agreement. The decision was based on the conclusion that the termination provisions were fair and did not unduly prejudice employees, thus aligning with public interest principles. This approval allows the Agreement to come into effect and govern the employment terms and conditions of the affected workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established