DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Koppers Wood Products Pty Ltd
(AG2020/3699)

KOPPERS WOOD PRODUCTS, GRAFTON AND CFMMEU ENTERPRISE AGREEMENT 2020

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 23 DECEMBER 2020

Application for approval of the Koppers Wood Products, Grafton and CFMMEU Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Koppers Wood Products, Grafton and CFMMEU Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Koppers Wood Products 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] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2020. The nominal expiry date of the Agreement is 1 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Koppers Wood Products Pty Ltd applied for the approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The union and the employer had reached an agreement concerning the terms and conditions of employment for workers within the company. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum terms and conditions that were no less favourable than the applicable awards and whether it complied with the procedural requirements of the Fair Work Act. The Commission also needed to consider if the agreement was in the best interests of the employees and if it had been made in good faith. The procedural fairness in the bargaining process and whether the agreement allowed for proper representation of the employees' interests were also examined.

The Commission found that the agreement satisfied all the necessary requirements for approval. It provided for terms and conditions that were not less favourable than the applicable awards and met the procedural requirements. The Commission was satisfied that the agreement was in the best interests of the employees and had been made in good faith. The bargaining process was deemed to be procedurally fair, and the agreement allowed for proper representation of the employees' interests. Consequently, the Commission approved the Koppers Wood Products, Grafton and CFMMEU Enterprise Agreement 2020.

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