DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corinthian Industries (Australia) Pty Limited
(AG2016/255)

CORINTHIAN INDUSTRIES VICTORIA ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 15 MARCH 2016

Application for approval of the Corinthian Industries Victoria Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Corinthian Industries Victoria Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corinthian Industries (Australia) Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

[4] The Construction, Forestry, 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) 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 22 March 2016. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE418202 PR577954

Annexure A

CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Limited, a company operating within the Australian manufacturing sector, applied to the Fair Work Commission for approval of the Corinthian Industries Victoria Enterprise Agreement 2015. The application was made in accordance with the Fair Work Act 2009, and the dispute involved the validity and fairness of the proposed enterprise agreement. The Fair Work Commission, exercising its jurisdiction under the Fair Work Act, was tasked with determining whether the agreement met the legal requirements and could be approved.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the provisions of the Fair Work Act, particularly concerning the process of bargaining and the representation of the employees. Additionally, the Commission had to assess if the agreement contained terms and conditions that were fair and reasonable, considering the interests of both the employer and the employees. The Commission also needed to ensure that the agreement did not unfairly discriminate against any group of employees or contravene any relevant provisions of the Fair Work Act.

In its decision, the Commission considered the evidence and submissions provided by Corinthian Industries and the relevant employee representatives. It examined the process through which the agreement was negotiated and whether it involved genuine bargaining. The Commission assessed the fairness of the terms and conditions in the agreement, ensuring they provided a fair and reasonable outcome for the employees. After reviewing the evidence, the Commission concluded that the agreement was made in accordance with the Fair Work Act and contained terms that were fair and reasonable. Consequently, the Commission approved the Corinthian Industries Victoria Enterprise Agreement 2015.

The Fair Work Commission's final order was the approval of the Corinthian Industries Victoria Enterprise Agreement 2015, effective from the date of the decision. This approval meant that the agreement would govern the employment terms and conditions of the employees covered by the agreement, provided it was registered with the Fair Work Commission.

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