Corinthian Industries (Australia) Pty Ltd

[2021] FWCA 6382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corinthian Industries (Australia) Pty Ltd
(AG2021/7721)

CORINTHIAN INDUSTRIES WEST AUSTRALIA ENTERPRISE AGREEMENT 2021

Timber and paper products industry
DEPUTY PRESIDENT EASTON	SYDNEY, 22 OCTOBER 2021

Application for approval of the Corinthian Industries West Australia Enterprise Agreement 2021.

[1] Corinthian Industries (Australia) Pty Ltd (the Employer) has made an application for the approval of the Corinthian Industries West Australia Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) was a bargaining representative for the Agreement and 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 CFMMEU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2021. The nominal expiry date of the Agreement is 1 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Ltd, the applicant, sought approval of the Corinthian Industries West Australia Enterprise Agreement 2021 from the Fair Work Commission. The agreement, if approved, would govern the terms and conditions of employment for the workforce in Western Australia. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The court was tasked with determining whether the agreement provided fair and reasonable terms for employees and whether it complied with all relevant legislative requirements. This involved assessing the agreement's provisions on wages, working conditions, and dispute resolution mechanisms, as well as evaluating whether the agreement was genuinely negotiated and not imposed. The court also considered submissions from the parties and any relevant stakeholders.

The Fair Work Commission found that the agreement adequately addressed the needs of both the employer and employees, providing fair and reasonable terms. The court was satisfied that the agreement had been genuinely negotiated and met all statutory requirements. Therefore, the Commission approved the Corinthian Industries West Australia Enterprise Agreement 2021.

The Commission ordered the agreement to be registered and enforceable as of the specified date. This decision allows the agreement to legally bind both the employer and employees, setting out the terms and conditions of employment in Western Australia for the relevant period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established