Carter Holt Harvey Woodproducts Australia Pty Ltd Summary

[2016] FWCA 1257

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carter Holt Harvey Woodproducts Australia Pty Ltd

(AG2016/2218)

CARTER HOLT HARVEY AND CFMEU YARRAM COLLECTIVE

AGREEMENT 2015

Timber and paper products industry

COMMISSIONER GREGORY

MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Carter Holt Harvey and CFMEU Yarram Collective

Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Carter Holt Harvey and CFMEU Yarram Collective Agreement 2015 (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 Woodproducts Australia Pty Ltd. The Agreement is a single enterprise

agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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, Mining and Energy Union being a bargaining

representative for the Agreement, has given notice under s.183 of the Act that it wants the

Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the

organisation.
[2016] FWCA 1257

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

7 March 2016. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1257

Annexure A

CaseChat Overview and Summary

Carter Holt Harvey Woodproducts Australia Pty Ltd made an application for approval of the Carter Holt Harvey and CFMEU Yarram Collective Agreement 2015 under section 185 of the Fair Work Act 2009. The agreement is a single enterprise agreement covering the timber and paper products industry. The Construction, Forestry, Mining and Energy Union is a bargaining representative for the agreement and has given notice under section 183 of the Act that it wants the agreement to cover it.

The court was required to determine whether the application met the criteria for approval under sections 186, 187, 188 and 190 of the Act. The court was also required to consider whether the written undertakings provided by the applicant would cause financial detriment to any employee covered by the agreement and whether they would result in substantial changes to the agreement.

The court found that the application met all of the criteria for approval and that the written undertakings provided by the applicant would not cause financial detriment to any employee covered by the agreement or result in substantial changes to the agreement. The court also noted that the agreement covers the organisation in accordance with section 201(2) of the Act. The court approved the agreement and it will operate from 7 March 2016 until 1 October 2019, the nominal expiry date of the agreement.

Carter Holt Harvey Woodproducts Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established