DECISION

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

Corinthian Industries (Australia) Pty Limited
(AG2015/5090)

CORINTHIAN INDUSTRIES STH AUSTRALIA ENTERPRISE AGREEMENT 2015

Timber and paper products industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 1 OCTOBER 2015

Application for approval of the Corinthian Industries Sth Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Corinthian Industries Sth Australia 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] 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 Construction, Forestry, Mining and Energy Union FFPD, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2015. The nominal expiry date of the Agreement is 1 June 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Limited recently appeared before the Fair Work Commission in an application for approval of the Corinthian Industries South Australia Enterprise Agreement 2015. The application was brought by the employer, Corinthian Industries, seeking the Commission's approval of the proposed enterprise agreement that governs the terms and conditions of employment for its employees in South Australia. The dispute arose from disagreements between the employer and the employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), regarding certain provisions of the agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the minimum entitlements under the National Employment Standards and if it was free from prohibited content. Additionally, the Commission assessed whether the agreement had been genuinely negotiated between the parties and if it complied with the procedural requirements for enterprise agreements under the Act.

In its decision, the Commission found that the proposed agreement satisfied the necessary legislative criteria. The Commission confirmed that the agreement provided for all minimum entitlements as required under the National Employment Standards. It also determined that the agreement was free from any prohibited content and had been genuinely negotiated between the parties. Furthermore, the Commission noted that the procedural requirements for the agreement had been properly followed. As a result, the Commission approved the Corinthian Industries South Australia Enterprise Agreement 2015.

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