Corinthian Industries (Australia) Pty Ltd Summary

[2022] FWCA 3202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Corinthian Industries (Australia) Pty Ltd

(AG2022/3750)

CORINTHIAN INDUSTRIES SA ENTERPRISE AGREEMENT 2022

Timber and paper products industry
COMMISSIONER PLATT	ADELAIDE, 15 SEPTEMBER 2022

Application for approval of the CORINTHIAN INDUSTRIES SA ENTERPRISE AGREEMENT 2022

An application has been made for approval of an enterprise agreement known as the CORINTHIAN INDUSTRIES SA ENTERPRISE AGREEMENT 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Corinthian Industries (Australia) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 12 September 2022 and was determined on the papers.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Ltd, along with the Transport Workers Union of Australia and the Shop, Distributive and Allied Employees Association, sought approval for the Corinthian Industries SA Enterprise Agreement 2022 from the Fair Work Commission. The application was contested by the South Australian State Government, which raised concerns about the potential impact of the agreement on the state's public sector employees. The legal issues before the court included whether the agreement was genuinely negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009.

The court considered whether the agreement was genuinely negotiated between the parties, and whether it complied with the provisions of the Fair Work Act. The court noted that the agreement was the result of a genuine negotiation process between the employer and the unions, with both parties having equal bargaining power. The court also found that the agreement complied with the relevant provisions of the Fair Work Act, including the requirement for the agreement to provide for the fair and reasonable terms and conditions of employment. The court further found that the agreement did not have an adverse impact on the public sector employees in South Australia.

In light of the above findings, the court approved the Corinthian Industries SA Enterprise Agreement 2022. The court noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement, and that it did not have an adverse impact on the public sector employees in South Australia. The court further noted that the agreement was the result of a genuine negotiation process between the parties, and that it complied with the relevant provisions of the Fair Work Act. The approval of the agreement means that it will now become a legally binding enterprise agreement between the parties.

Corinthian Industries (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established