Carter Holt Harvey Woodproducts Australia Pty Ltd

[2017] FWCA 4597

[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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

1. 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.

1. 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

<Price code T, AE425347  PR595834>

APPENDIX A