DECISION

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

Koppers Wood Products Pty Ltd
(AG2020/4074)

KOPPERS WOOD PRODUCTS PTY LTD (TAKURA, QLD) - ENTERPRISE AGREEMENT 2020-2023

Timber and paper products industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 FEBRUARY 2021

Application for approval of the Koppers Wood Products Pty Ltd (Takura, QLD) Enterprise Agreement 2020-2023.

[1] Koppers Wood Products Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Koppers Wood Products Pty Ltd (Takura, Qld) - Enterprise Agreement 2020-2023 (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] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement has been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account ss.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[5] 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 that organisation. In accordance with s.201(2) of the Act, and based on the declaration provided by the organisation, I note that the Agreement covers the Australian Workers’ Union.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 17 February 2021. The nominal expiry date of the Agreement is 1 April 2023.

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 for the approval of the Enterprise Agreement between Koppers Wood Products Pty Ltd, a timber treatment and manufacturing company based in Takura, Queensland, and its employees. The dispute centred on the terms and conditions outlined in the proposed agreement, which was set to govern the employment relationship between the company and its workforce from 2020 to 2023. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009, including ensuring the agreement provided for fair and reasonable terms and conditions.

The primary legal issues before the Commission involved the scrutiny of various provisions within the agreement to ascertain if they complied with the statutory standards for fairness and reasonableness. This included examining the wage rates, penalty rates, hours of work, leave entitlements, and other employment terms. Additionally, the Commission assessed whether the agreement was genuinely negotiated, whether it provided for the proper resolution of disputes, and whether it adhered to the procedural requirements under the Fair Work Act. The fairness of the agreement had to be considered in light of the broader economic context and the interests of both the employer and the employees.

The Commission found that the Enterprise Agreement contained provisions that were generally fair and reasonable, meeting the statutory requirements. The wage rates and conditions proposed were deemed to be in line with industry standards and the economic circumstances at the time. The agreement provided for appropriate mechanisms for the resolution of disputes and complied with procedural requirements. The Commission acknowledged the genuine negotiation process and the efforts made by both parties to reach a consensus on the terms and conditions of employment. Accordingly, the Commission approved the Enterprise Agreement, finding that it was appropriate for registration under the Fair Work Act.

The Fair Work Commission approved the Koppers Wood Products Pty Ltd (Takura, QLD) Enterprise Agreement 2020-2023, deeming it to be fair and reasonable. The agreement was registered under the Fair Work Act 2009, effective from the date of the Commission's decision. This approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between Koppers Wood Products Pty Ltd and its employees for the specified period.

Koppers Wood Products 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