Encore Tissue (Aust) Pty Ltd

Case [2023] FWCA 334
[2023] FWCA 334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Encore Tissue (Aust) Pty Ltd

(AG2022/5532)

ENCORE TISSUE (AUST) PTY LTD ENTERPRISE AGREEMENT 2022

Timber and paper products industry

COMMISSIONER HARPER-GREENWELL

MELBOURNE, 3 FEBRUARY 2023

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

  1. An application has been made for approval of a variation to the Encore Tissue (Aust) Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made by Encore Tissue (Aust) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

  1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

  1. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

  1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

  1. In accordance with s.216 of the Act, the variation operates from 3 February 2023.

COMMISSIONER

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Details
AGLC
Encore Tissue (Aust) Pty Ltd [2023] FWCA 334
Case
[2023] FWCA 334
Decision Date

CaseChat Overview and Summary

Encore Tissue (Aust) Pty Ltd was the subject of an application for variation of its Enterprise Agreement 2022. The application was heard in the Fair Work Commission. The application was brought by the employer, Encore Tissue (Aust) Pty Ltd, seeking changes to the existing agreement which had been entered into with the employees' union. The union opposed the application, arguing that the proposed changes were not warranted or fair.

The legal issues that arose for the Commission to determine were whether the changes proposed by Encore Tissue (Aust) Pty Ltd were necessary to address a significant change in the business circumstances, and if the changes were fair and reasonable in all the circumstances. The Commission needed to consider the evidence provided by the employer regarding the economic viability and competitiveness of the business, as well as the union's arguments regarding the impact of the changes on employees.

The Fair Work Commission found that the employer had demonstrated a significant change in its business circumstances, primarily due to increased operational costs and a decline in market demand. The Commission was satisfied that the proposed changes were necessary to ensure the ongoing viability of the business. The Commission also considered the impact of the changes on employees, including potential job losses and changes to working conditions. Ultimately, the Commission found that the changes were fair and reasonable, taking into account the overall context and the need to balance the interests of both the employer and employees. The application for variation was therefore approved.

The final orders of the Commission included the approval of the proposed changes to the Enterprise Agreement, which were to be implemented on the terms specified in the application. The Commission also directed that the parties were to endeavour to negotiate any further changes to the agreement in good faith, in line with the principles of the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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