DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corinthian Industries (Australia) Pty Limited
(AG2015/4485)

CORINTHIAN INDUSTRIES WEST AUSTRALIA ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 14 SEPTEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Corinthian Industries West 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 14 September 2015 and, in accordance with s.54, will operate from 21 September 2015. The nominal expiry date of the Agreement is 1 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Limited applied for approval of the Corinthian Industries Western Australia Enterprise Agreement 2015. The application was made to the Fair Work Commission. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of some of the employees.

The primary issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for the minimum entitlements of employees as outlined in the Act. Additionally, the Commission considered whether the agreement had been genuinely negotiated and if it complied with the good faith bargaining provisions of the Act.

The Fair Work Commission found that the proposed agreement provided for all minimum entitlements as required by the Act. The Commission also concluded that the agreement had been genuinely negotiated and met the good faith bargaining requirements. Based on these findings, the Commission approved the agreement.

Consequently, the Commission approved the Corinthian Industries Western Australia Enterprise Agreement 2015. The approval was effective from the date specified in the agreement. This decision allows the agreement to be registered and enforceable under the Fair Work Act 2009.

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