DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Encore Tissue (Aust) Pty Ltd
(AG2016/6580)

ENCORE TISSUE (AUST) PTY LTD (LAVERTON NORTH) ENTERPRISE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 13 DECEMBER 2016

Application for approval of the Encore Tissue (Aust) Pty Ltd (Laverton North) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Encore Tissue (Aust) Pty Ltd (Laverton North) Enterprise Agreement 2017 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 December 2016 and, in accordance with s.54, will operate from 20 December 2016. The nominal expiry date of the Agreement is 13 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Encore Tissue (Aust) Pty Ltd (Laverton North) Enterprise Agreement 2017. The applicant, Encore Tissue (Aust) Pty Ltd, sought the Commission's approval of the enterprise agreement, which had been negotiated and agreed upon by the company and its employees. The primary issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement complied with the procedural requirements, whether it met the standards of good faith bargaining, and if it contained provisions that were fair and reasonable. The Commission also needed to consider whether the agreement adequately covered the essential terms of employment and if it provided for the resolution of disputes between the parties. Furthermore, the Commission examined whether the agreement was consistent with the broader principles of the Fair Work Act, including its focus on promoting cooperative and productive workplace relations.

In its decision, the Commission carefully considered the arguments presented by both parties and reviewed the provisions of the enterprise agreement. The Commission determined that the agreement was procedurally sound and had been negotiated in good faith. The terms of the agreement were found to be fair and reasonable, providing adequate protections and benefits for the employees. The Commission also concluded that the agreement covered all the essential terms of employment and included effective dispute resolution mechanisms. Ultimately, the Commission approved the enterprise agreement, finding that it met all the necessary legal criteria and would contribute positively to the workplace relations of Encore Tissue (Aust) Pty Ltd.

Encore Tissue (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established