Carter Holt Harvey Woodproducts (Central and Northern Regions) Pty Ltd

[2017] FWCA 5274

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Carter Holt Harvey Woodproducts (Central and Northern Regions) Pty Ltd

(AG2017/3213)

Carter Holt Harvey Woodproducts (Central and Northern Regions) Caboolture Enterprise Agreement 2016-2018

Timber and paper products industry
Commissioner Johns	SYDNEY, 11 OCTOBER 2017

Application for approval of the Carter Holt Harvey Woodproducts (Central and Northern Regions) Caboolture Enterprise Agreement 2016-2018.

On 1 August 2017 Carter Holt Harvey Woodproducts (Central and Northern Regions) Pty Ltd (Applicant) made an application for approval of the Carter Holt Harvey Woodproducts (Central and Northern Regions) Caboolture Enterprise Agreement 2016-2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have been provided with the undertakings.

Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 October 2017. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of Carter Holt Harvey Woodproducts (Central and Northern Regions) Pty Ltd involved an application for the approval of an enterprise agreement. The applicant, Carter Holt Harvey Woodproducts, sought approval of a proposed enterprise agreement for the period 2016 to 2018. The Fair Work Commission was the court involved in this case, and the dispute centred around whether the proposed agreement complied with the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act, particularly in relation to the process through which the agreement was negotiated and the content of the agreement itself. The court was required to consider if the agreement was fairly and genuinely negotiated and if it met the 'better off overall test', ensuring that employees were not disadvantaged by the agreement.

The Fair Work Commission examined the evidence presented regarding the negotiation process and the content of the proposed agreement. The Commission found that the agreement was genuinely negotiated and met the better off overall test. The Commission also considered the need for a balance between the interests of the employer and employees and found that the agreement achieved a fair balance. As a result, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Carter Holt Harvey Woodproducts (Central and Northern Regions) Caboolture Enterprise Agreement 2016-2018, confirming that it complied with the relevant statutory requirements. The decision was made on the basis that the agreement was fairly negotiated and provided a fair outcome for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established