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

[2014] FWCA 8066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carter Holt Harvey Woodproducts (Central and Northern Regions) Pty Ltd
(AG2014/9804)

CARTER HOLT HARVEY WOODPRODUCTS (CENTRAL AND NORTHERN REGIONS) CABOOLTURE ENTERPRISE AGREEMENT 2014 - 2016

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 13 NOVEMBER 2014

Application for approval of the Carter Holt Harvey Woodproducts (Central and Northern Regions) Caboolture Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Carter Holt Harvey Woodproducts (Central and Northern Regions) Caboolture Enterprise Agreement 2014 - 2016 (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 (Central and Northern Regions) 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 “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.

[4] The Australian Workers’ 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2014. The nominal expiry date of the Agreement is 30 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Carter Holt Harvey Woodproducts (Central and Northern Regions) Pty Ltd, the Fair Work Commission (FWC) was called upon to determine the application for the approval of the Carter Holt Harvey Woodproducts (Central and Northern Regions) Caboolture Enterprise Agreement 2014 - 2016. The applicant, Carter Holt Harvey Woodproducts, sought approval of the agreement which was to govern the employment conditions of their employees within the specified regions for the duration of the agreement. The application was made under section 234 of the Fair Work Act 2009, which mandates that the FWC must approve an enterprise agreement if it satisfies the requirements of the Act, including the provision of a fair and reasonable test.

The central legal issues before the FWC were whether the enterprise agreement complied with the statutory requirements under the Fair Work Act, and if it met the 'better off overall test' (BOOT) as required by section 235 of the Act. The BOOT test ensures that employees are not disadvantaged by the terms of the agreement compared to the applicable award or previous agreement. Additionally, the FWC had to consider whether the agreement provided for appropriate mechanisms for dispute resolution and compliance.

The FWC reviewed the provisions of the agreement and found that it contained clauses that were in compliance with the Act, including provisions for wages, hours of work, leave entitlements, and other employment conditions. The FWC also considered the evidence presented regarding the financial sustainability of the business and the impact of the agreement on the employees. After careful consideration, the FWC was satisfied that the agreement met the statutory requirements and passed the BOOT test, as the employees would be better off overall under the terms of the agreement than under the applicable award. The FWC approved the enterprise agreement, emphasising the importance of the agreement in maintaining a fair and productive workplace.

The FWC's decision was final, and the Carter Holt Harvey Woodproducts (Central and Northern Regions) Caboolture Enterprise Agreement 2014 - 2016 was approved, effective from the date of the decision. The agreement was to govern the employment conditions of the employees within the specified regions until its expiry or until a new agreement was made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established