Koppers Carbon Materials & Chemicals Pty Ltd Summary

[2024] FWCA 3637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Koppers Carbon Materials & Chemicals Pty Ltd

(AG2024/3658)

KOPPERS CARBON MATERIALS & CHEMICALS PTY LTD 2024 ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 OCTOBER 2024

Application for approval of the Koppers Carbon Materials & Chemicals Pty Ltd 2024 Enterprise Agreement.

An application has been made for approval of an enterprise agreement to be known as the Koppers Carbon Materials & Chemicals Pty Ltd 2024 Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Koppers Carbon Materials & Chemicals Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 17 October 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020 and Miscellaneous Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australian Workers’ Union (AWU), and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2024. The nominal expiry date of the Agreement is 28 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Koppers Carbon Materials & Chemicals Pty Ltd 2024 Enterprise Agreement. The applicant, Koppers Carbon Materials & Chemicals Pty Ltd, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on the fairness and compliance of the agreement with statutory requirements. The matter was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for registration.

The central legal issues before the Commission involved assessing whether the agreement was a "genuine" enterprise agreement within the meaning of the Act, and if it contained the requisite "better off overall test" provisions. The Commission had to consider if the agreement had been fairly negotiated and if it complied with the procedural requirements, such as the provision of relevant documents to employees and the opportunity for their input. Additionally, the Commission had to evaluate whether the agreement adequately covered the minimum terms and conditions prescribed by the Fair Work Act.

The Fair Work Commission found that the agreement was genuinely negotiated and met all statutory requirements. The Commission was satisfied that the agreement contained provisions that ensured employees were not worse off overall compared to their previous conditions. The evidence presented indicated that the negotiation process was transparent and that employees had been given sufficient opportunity to review and provide feedback on the proposed agreement. The Commission noted that the agreement included the necessary minimum terms and conditions and was in line with the provisions of the Act. Consequently, the application for approval was granted, and the agreement was registered under the Fair Work Act.

The final orders of the Commission were that the Koppers Carbon Materials & Chemicals Pty Ltd 2024 Enterprise Agreement be approved and registered as a registered agreement. The agreement was to be effective from the date of the Commission's decision and would apply to all employees covered by the agreement. The Commission's decision provided clarity and legal certainty regarding the terms of employment and the rights of the parties involved.

Koppers Carbon Materials & Chemicals Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established