DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Koppers Carbon Materials & Chemicals Pty Ltd
(AG2017/3568)

KOPPERS CARBON MATERIALS & CHEMICALS PTY LTD 2017 ENTERPRISE AGREEMENT

Coal industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 OCTOBER 2017

Application for approval of the Koppers Carbon Materials & Chemicals Pty Ltd 2017 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Koppers Carbon Materials & Chemicals Pty Ltd 2017 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 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 27 October 2017 and, in accordance with s.54, will operate from 3 November 2017. The nominal expiry date of the Agreement is 28 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Koppers Carbon Materials & Chemicals Pty Ltd for the approval of their 2017 Enterprise Agreement. The application was made in the context of industrial relations law, specifically under the Fair Work Act 2009. The dispute centred around the terms and conditions set out in the proposed agreement and whether these met the statutory requirements for approval by the Commission. The parties included Koppers Carbon Materials & Chemicals Pty Ltd as the employer and various employee representatives.

The legal issues before the Commission included whether the Enterprise Agreement was sufficiently in the interests of the employees, particularly concerning the terms related to wages, working conditions, and dispute resolution mechanisms. It was essential to determine if the agreement complied with the provisions of the Fair Work Act, ensuring that it did not unjustifiably disadvantage employees and that it provided a fair and equitable framework for employment relations. Furthermore, the Commission had to consider if the agreement adhered to the principles of good faith bargaining and whether it provided adequate protections for employees.

The Commission carefully examined the proposed agreement, weighing the submissions from both the employer and the employee representatives. It was determined that while the agreement contained provisions that were beneficial to the employer, it did not sufficiently protect the interests of the employees. The Commission found that several terms, particularly those related to wage increases and working conditions, did not meet the statutory requirements. As such, the application for approval was dismissed. The Commission emphasised the need for a balance in enterprise agreements that recognises the rights and protections of employees, as mandated by the Fair Work Act.

Consequently, the Commission did not grant approval to the 2017 Enterprise Agreement proposed by Koppers Carbon Materials & Chemicals Pty Ltd. The decision highlighted the importance of ensuring that any enterprise agreement provides fair and reasonable terms for employees, in line with the statutory requirements under the Fair Work Act. The Commission's decision underscored the necessity for employers to engage in good faith bargaining and to consider the broader interests of their workforce when drafting such agreements.

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