Koppers Wood Products Pty Limited Summary

[2014] FWCA 2186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Koppers Wood Products Pty Limited
(AG2014/589)

"KOPPERS WOOD PRODUCTS PTY LTD (TAKURA, QLD) - ENTERPRISE AGREEMENT 2014 - 2017"

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 APRIL 2014

Application for approval of the KOPPERS WOOD PRODUCTS PTY LTD (TAKURA, QLD) - ENTERPRISE AGREEMENT 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the KOPPERS WOOD PRODUCTS PTY LTD (TAKURA, QLD) - ENTERPRISE AGREEMENT 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 10 April 2014. The nominal expiry date of the Agreement is 10 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Koppers Wood Products Pty Limited, applied for approval of an enterprise agreement for its employees at the Takura, Queensland site. The proposed agreement was the result of negotiations between the company and the employees' representative, the Australian Manufacturing Workers' Union. The application was made under the Fair Work Act 2009, which governs the process for approving enterprise agreements in Australia.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act. Specifically, the Commission needed to determine if the agreement had been made in good faith, if it was free from any form of coercion or undue influence, and whether it provided for appropriate minimum entitlements for the employees. The Commission also had to assess if the agreement was consistent with the principles of the national workplace relations system.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement met all the necessary legal criteria. The Commission was satisfied that the agreement was made in good faith and without any coercion or undue influence. It also determined that the agreement provided for appropriate minimum entitlements and was consistent with the national workplace relations system. Consequently, the Commission approved the application and certified the enterprise agreement as meeting the statutory requirements.

The final order of the Commission was that the Koppers Wood Products Pty Limited (Takura, QLD) - Enterprise Agreement 2014-2017 be approved and certified as a registered agreement under the Fair Work Act 2009.

Koppers Wood Products Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established