Encore Tissue (Aust) Pty Ltd

[2022] FWCA 4008

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Encore Tissue (Aust) Pty Ltd

(AG2022/4596)

Encore Tissue (Aust) Pty Ltd Enterprise Agreement 2022

Timber and paper products industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 NOVEMBER 2022

Application for approval of the Encore Tissue (Aust) Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Encore Tissue (Aust) Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Encore Tissue (Aust) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

The Employer did not notify employees of the time, place and method of voting seven clear days before the commencement of the voting process. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

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), I note that the Agreement covers the organisation. I am therefore satisfied that the requirements of ss.188 as are relevant to this application for approval have been met.

The Agreement was approved on 16 November 2022 and, in accordance with s.54, will operate from 23 November 2022. The nominal expiry date of the Agreement is 16 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Encore Tissue (Aust) Pty Ltd, an employer, sought approval of an enterprise agreement from the Fair Work Commission. The agreement related to employees in the manufacturing sector and was proposed by the employer. The Fair Work Commission, being the body responsible for approving such agreements, was tasked with ensuring the agreement met the legal requirements and was in the interests of the employees.

The primary legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. This included examining whether the agreement contained the required minimum terms and conditions, was not contrary to public policy, and was made in good faith. Additionally, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions for the employees, and whether it was made without coercion.

The Commission found that the agreement met all legal requirements and was in the interests of the employees. The agreement contained the necessary minimum terms and conditions, was not contrary to public policy, and was made in good faith. The Commission also determined that the agreement provided for fair and reasonable terms and conditions for the employees, and was made without coercion. The Commission approved the Encore Tissue (Aust) Pty Ltd Enterprise Agreement 2022, allowing it to come into effect from the specified commencement date.

The Fair Work Commission approved the Encore Tissue (Aust) Pty Ltd Enterprise Agreement 2022, and it came into effect from the date specified in the agreement. The employer and the employees were bound by the terms of the agreement, and it served as the basis for the employment conditions of the employees in the manufacturing sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established