Koppers Wood Products Pty Ltd Summary

[2017] FWCA 6380

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Koppers Wood Products Pty Ltd

(AG2017/5186)

Koppers Woods Products (Grafton) and CFMEU Enterprise Agreement 2017

Timber and paper products industry
Commissioner Wilson	MELBOURNE, 1 DECEMBER 2017

Application for approval of the Koppers Wood Products (Grafton) and CFMEU Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Koppers Wood Products (Grafton) and CFMEU Enterprise Agreement 2017 (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.

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.

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.

The Construction, Forestry, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to approve the Koppers Wood Products (Grafton) and CFMEU Enterprise Agreement 2017. The dispute was centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The central legal issue was whether the Enterprise Agreement complied with section 231 of the Fair Work Act, specifically if it was a genuine agreement reached through proper bargaining processes, and if it met the requirements for being in the best interests of the employees. This included scrutinising the provisions of the agreement and ensuring that the negotiation process was free from any undue influence or coercion.

The Fair Work Commission found that the agreement was indeed a genuine enterprise agreement that had been negotiated in good faith. The Commission took into account the evidence presented regarding the bargaining process, which demonstrated that it was conducted fairly and without any undue influence. The agreement was also found to be in the best interests of the employees, considering factors such as the financial benefits and the protections offered. Consequently, the Commission approved the Enterprise Agreement, emphasising the importance of maintaining a balance between the rights of employers and employees.

The Fair Work Commission approved the Koppers Wood Products (Grafton) and CFMEU Enterprise Agreement 2017, finding it to be a genuine agreement that met the statutory requirements and was in the best interests of the employees. This decision upheld the importance of fair negotiations and the protection of employee rights within enterprise agreements.

Koppers Wood Products Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established