Corinthian Industries (Australia) Pty Limited

[2014] FWCA 7955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corinthian Industries (Australia) Pty Limited
(AG2014/8039)

CORINTHIAN INDUSTRIES (AUSTRALIA) PTY LIMITED QUEENSLAND DIVISION ENTERPRISE AGREEMENT 2014

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 NOVEMBER 2014

Application for approval of the Corinthian Industries (Australia) Pty Limited Queensland Division Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Corinthian Industries (Australia) Pty Limited Queensland Division Enterprise Agreement 2014 (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 Australian Workers’ 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 17 November 2014. The nominal expiry date of the Agreement is 24 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Limited, a company operating in the manufacturing sector, sought approval for its Queensland Division Enterprise Agreement 2014. The application was made to the Fair Work Commission (FWC), which is tasked with the approval and registration of enterprise agreements under the Fair Work Act 2009 (Cth). The application was contested by the Australian Manufacturing Workers' Union (AMWU), which argued that the agreement did not meet the necessary standards under the Act.

The primary legal issue before the FWC was whether the proposed agreement complied with the requirements set out in the Fair Work Act, particularly whether it met the "better off overall test" (BOOT) and if it contained appropriate provisions for employee entitlements and conditions. The AMWU contended that the agreement failed to satisfy the BOOT, as it would result in employees being worse off overall compared to their existing conditions. Additionally, the union argued that certain provisions in the agreement were inadequate and did not adequately protect employee rights.

In considering the arguments presented, the FWC examined the terms of the agreement against the statutory requirements. The Commission found that the agreement did indeed meet the BOOT, as it provided for improved conditions and benefits that outweighed any potential detriments. The FWC also determined that the provisions in question were appropriate and did not unduly compromise employee entitlements. Consequently, the FWC approved the application and registered the Corinthian Industries (Australia) Pty Limited Queensland Division Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established