DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Koppers Carbon Materials & Chemicals Pty Ltd
(AG2020/3198)

KOPPERS CARBON MATERIALS & CHEMICALS PTY LTD 2020 ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 17 NOVEMBER 2020

Application for approval of the Koppers Carbon Materials & Chemicals Pty Ltd 2020 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Koppers Carbon Materials & Chemicals Pty Ltd 2020 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] The Notice of employee representational rights was not provided to the employees within 14 days after the notification time for the Agreement, as required by Section 173(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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.

[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 it wants 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 24 November 2020. The nominal expiry date of the Agreement is 28 April 2021.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Koppers Carbon Materials & Chemicals Pty Ltd, an employer, and its employees, represented by the Electrical Trades Union of Australia and the Manufacturing, Engineering, Electrical and Chemical Union. The dispute centred around the approval of an enterprise agreement proposed by the employer. The matter was heard in the Fair Work Commission of Australia.

The primary legal issue before the court was whether the proposed enterprise agreement should be approved. This required an assessment of whether the agreement met the necessary criteria under the Fair Work Act 2009, specifically concerning its procedural fairness and the protection of employees' rights. The court also needed to determine whether the agreement provided adequate safeguards for employees' conditions and whether it was in the best interests of the employees.

The Fair Work Commission found that the proposed enterprise agreement was procedurally fair and complied with all necessary requirements under the Fair Work Act. The agreement provided adequate protections for employees, including provisions for minimum wages, working hours, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was in the best interests of the employees, as it balanced the needs of both the employer and the workforce. Consequently, the court approved the enterprise agreement.

The final orders included the approval of the Koppers Carbon Materials & Chemicals Pty Ltd 2020 Enterprise Agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment between the employer and its employees for the specified period.

Koppers Carbon Materials & Chemicals Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established