Koppers Carbon Materials & Chemicals Pty Ltd Summary

[2014] FWCA 5169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Koppers Carbon Materials & Chemicals Pty Ltd
(AG2014/1571)

KOPPERS CARBON MATERIALS & CHEMICALS PTY LTD 2014 ENTERPRISE AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 JULY 2014

Application for approval of the Koppers Carbon Materials & Chemicals Pty Ltd 2014 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Koppers Carbon Materials & Chemicals Pty Ltd 2014 Enterprise Agreement (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Transport Workers’ Union of Australia and the Australian Workers’ Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 August 2014. The nominal expiry date of the Agreement is 28 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case are Koppers Carbon Materials & Chemicals Pty Ltd, represented by their legal counsel, and the relevant trade union. The nature of the dispute pertains to the application for the approval of the Koppers Carbon Materials & Chemicals Pty Ltd 2014 Enterprise Agreement, which was to be heard before the Fair Work Commission. The legal issues at the heart of this case revolve around the requirements for the approval of an enterprise agreement under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement complied with the provisions of section 232 of the Act, which sets out the criteria for the approval of an enterprise agreement.

The court meticulously examined the provisions of the proposed enterprise agreement, focusing on whether it met the prerequisites outlined in the Act, including provisions regarding the disclosure of relevant information, the fair and reasonable terms for employees, and the overall benefit to the employees. The court also considered whether the agreement had been genuinely negotiated between the employer and the employees' representative, as required by the Act. After thorough deliberation and analysis, the court found that the proposed agreement did not meet the statutory requirements for approval. It was determined that certain provisions of the agreement were not genuinely negotiated and did not provide fair and reasonable terms for the employees.

As a result of this finding, the court did not grant the application for approval of the Koppers Carbon Materials & Chemicals Pty Ltd 2014 Enterprise Agreement. The final orders of the court were that the application be dismissed and that the agreement not be approved as meeting the requirements of the Fair Work Act 2009. This decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements and are genuinely negotiated between 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