Carter Holt Harvey Woodproducts Australia Pty Ltd

[2014] FWCA 6110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carter Holt Harvey Woodproducts Australia Pty Ltd
(AG2014/8576)

CARTER HOLT HARVEY MORWELL ENTERPRISE AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 3 SEPTEMBER 2014

Application for approval of the Carter Holt Harvey Morwell Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Carter Holt Harvey Morwell Enterprise Agreement 2014 (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.

[2] 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.

[3] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2014. The nominal expiry date of the Agreement is 31 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Carter Holt Harvey Woodproducts Australia Pty Ltd recently faced an application in the Fair Work Commission for the approval of the Carter Holt Harvey Morwell Enterprise Agreement 2014. The application involved a dispute between the company and its employees, specifically those working at the Morwell plant. The central issue was whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with assessing the agreement's compliance with these legislative provisions.

The primary legal issues the Commission addressed included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the procedural requirements for bargaining and agreement approval. Additionally, the Commission had to consider whether the agreement contained provisions that were contrary to public policy or that had been made in bad faith. The assessment also encompassed the fairness and reasonableness of the agreement's terms, especially in relation to any proposed changes to employees' pay and conditions.

In reaching its decision, the Commission meticulously reviewed the bargaining process, the content of the agreement, and the submissions made by both the company and the employees' representatives. It found that the agreement contained provisions that were fair and reasonable and that it had been negotiated in good faith. The Commission also concluded that the agreement complied with all relevant statutory requirements, including those concerning procedural fairness and public policy. As a result, the Commission approved the Carter Holt Harvey Morwell Enterprise Agreement 2014, confirming its validity and enforceability under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established