DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fisher’s (Latrobe Valley) Pty Ltd
(AG2017/5446)

FISHER’S LATROBE VALLEY COLLECTIVE WORKPLACE AGREEMENT 2017-2020

Timber and paper products industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MARCH 2018

Application for approval of the Fisher’s Latrobe Valley Collective Workplace Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Fisher’s Latrobe Valley Collective Workplace Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fisher’s (Latrobe Valley) 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2018. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Fisher’s (Latrobe Valley) Pty Ltd was the subject of an application for the approval of the Fisher’s Latrobe Valley Collective Workplace Agreement 2017-2020. The Fair Work Commission was the tribunal hearing the application. The matter concerned the approval of a collective workplace agreement between Fisher’s (Latrobe Valley) Pty Ltd and its employees, as represented by the Australian Manufacturing Workers' Union.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether it complied with the principles of procedural and substantive fairness. The Commission had to consider whether the agreement was made in good faith, whether it covered the appropriate bargaining unit, and whether it contained terms that were fair and reasonable. The Commission also had to determine if there was adequate representation of the employees during the bargaining process and if the agreement was genuinely negotiated.

The Commission found that the agreement was made in good faith and covered the appropriate bargaining unit. The terms of the agreement were found to be fair and reasonable, taking into account the economic and social context of the industry. The Commission also determined that there was adequate representation of the employees and that the agreement was genuinely negotiated. Given these findings, the Commission approved the Fisher’s Latrobe Valley Collective Workplace Agreement 2017-2020.

The Fair Work Commission approved the Fisher’s Latrobe Valley Collective Workplace Agreement 2017-2020, finding it met the statutory requirements and complied with the principles of procedural and substantive fairness.

Fisher’s (Latrobe Valley) 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