DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Corinthian Industries (Australia) Pty Limited
(AG2019/3761)

CORINTHIAN INDUSTRIES STH AUSTRALIA ENTERPRISE AGREEMENT 2019

Timber and paper products industry
COMMISSIONER PLATT	ADELAIDE, 22 OCTOBER 2019

Application for approval of the Corinthian Industries Sth Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Corinthian Industries Sth Australia Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Corinthian Industries (Australia) Pty Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 October 2019.

[3] On 18 October 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 21 October 2019. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• Schedule A, clause 13 of the Agreement, which limits a worker’s retrenchment pay to an amount that is not more than the amount they would have earned had they remained employed until retirement, will not apply to the extent it places this limit.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Construction, Forestry, Maritime, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Limited applied for the approval of the Corinthian Industries South Australia Enterprise Agreement 2019. The applicant was represented by Mr. J. A. Smith, while no representative appeared on behalf of the respondents, which included various unions. The case was heard in the Fair Work Commission.

The central legal issues revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the terms and conditions of employment that were fair and reasonable, and if it had been made in good faith. The agreement in question covered employees in South Australia who were part of the manufacturing sector.

The Commission examined the evidence presented, including submissions from the applicant and the lack of opposition from the unions. The applicant demonstrated that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions. The Commission found that the agreement met the statutory requirements and approved it. The approval was granted on the basis that the agreement was fair and reasonable and had been negotiated in good faith.

The Fair Work Commission approved the Corinthian Industries South Australia Enterprise Agreement 2019, effective from the date of the decision. The agreement was deemed to comply with the requirements of the Fair Work Act 2009 and was approved for operation.

Corinthian Industries (Australia) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established