DECISION

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

Corinthian Industries (Australia) Pty Limited
(AG2015/1342)

CORINTHIAN INDUSTRIES NSW ENTERPRISE AGREEMENT 2015

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 JUNE 2015

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

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

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 24 June 2015. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Limited recently appeared before the Fair Work Commission, with the matter focusing on the approval of the Corinthian Industries NSW Enterprise Agreement 2015. Corinthian Industries sought approval for the agreement, which was intended to regulate employment terms and conditions for its employees within the state of New South Wales. The application was brought under the Fair Work Act 2009, which empowers the Commission to assess and approve enterprise agreements that meet specific criteria.

The primary legal issues the Commission addressed were whether the agreement complied with the statutory requirements outlined in the Fair Work Act, particularly whether it provided for the protection of employees' rights and interests. The Commission had to determine if the agreement included provisions that met the minimum standards prescribed by the Act, and if it had been genuinely negotiated between the employer and the employees' representatives. The Commission also considered whether the agreement provided adequate protection for employees' wages, conditions, and other entitlements.

In reaching its decision, the Commission examined the specifics of the agreement and the process through which it was negotiated. The agreement was found to include provisions that met the minimum standards required by the Act, and the Commission was satisfied that the agreement had been genuinely negotiated. The Commission determined that the agreement adequately protected employees' rights and interests, and it met the statutory requirements for approval. Consequently, the Commission approved the Corinthian Industries NSW Enterprise Agreement 2015.

The final orders of the Commission were that the Corinthian Industries NSW Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. This approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable for the employees covered by the agreement.

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