DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Koppers Carbon Materials & Chemicals Pty Ltd
(AG2021/6874)

KOPPERS CARBON MATERIALS & CHEMICALS PTY LTD 2021 ENTERPRISE AGREEMENT

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 SEPTEMBER 2021

Application for approval of the Koppers Carbon Materials & Chemicals Pty Ltd 2021 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Koppers Carbon Materials & Chemicals Pty Ltd 2021 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Koppers Carbon Materials & Chemicals Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 25.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2021. The nominal expiry date of the Agreement is 28 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Koppers Carbon Materials & Chemicals Pty Ltd, which sought approval for its 2021 Enterprise Agreement. The matter was heard in the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically whether it met the 'better off overall test' and other statutory provisions.

The legal issues before the Commission were whether the proposed agreement adequately addressed the employees' terms and conditions of employment and whether it provided a safety net of minimum entitlements. Additionally, the Commission needed to consider whether the agreement was in the interests of the employees and if it met the requirements for fair and equitable treatment. The Commission also examined whether the agreement was consistent with the objectives of the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement did meet the 'better off overall test', meaning that employees would be no worse off and some would be better off under the new agreement compared to their previous conditions. The Commission also determined that the agreement provided a safety net of minimum entitlements and was in the interests of the employees. The agreement was deemed to be fair and equitable, and it aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the Koppers Carbon Materials & Chemicals Pty Ltd 2021 Enterprise Agreement.

As a result of the approval, the parties are now bound by the terms of the enterprise agreement, which governs the employment conditions of the workers. The decision sets a precedent for future enterprise agreements in the industry and ensures that the rights and protections of employees are upheld.

Koppers Carbon Materials & Chemicals 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