DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carter Holt Harvey Woodproducts Pty Ltd
(AG2016/6877)

CARTER HOLT HARVEY MORWELL ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 10 JANUARY 2017

Application for approval of the Carter Holt Harvey Morwell Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Carter Holt Harvey Morwell Enterprise Agreement 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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union, 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) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Carter Holt Harvey Morwell Enterprise Agreement 2016. The applicant, Carter Holt Harvey Woodproducts Pty Ltd, sought approval of the agreement which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Act, particularly concerning procedural fairness and the proper negotiation of the agreement. The CFMEU raised concerns about the process through which the agreement was negotiated and the adequacy of the consultation with employees. The Commission had to determine if the agreement was made in good faith and if it was fair and reasonable.

In examining these issues, the Commission considered the evidence provided by both parties, including witness testimonies and documentary evidence. The Commission found that while there were some procedural shortcomings in the negotiation process, these did not undermine the overall fairness of the agreement. The Commission concluded that the agreement was made in good faith and was fair and reasonable, taking into account the economic and operational context of the enterprise. The procedural flaws, though noted, did not invalidate the agreement.

Accordingly, the Fair Work Commission approved the Carter Holt Harvey Morwell Enterprise Agreement 2016. The decision was made in the belief that the agreement, despite procedural issues, was fair and reasonable and met the statutory requirements for approval.

Carter Holt Harvey Woodproducts Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established