DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Koppers Wood Products Pty Ltd
(AG2017/2377)

KOPPERS WOOD PRODUCTS, LONGFORD AND CFMEU ENTERPRISE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER MCKINNON	MELBOURNE, 18 JULY 2017

Application for approval of the Koppers Wood Products, Longford and CFMEU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Koppers Wood Products, Longford 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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Koppers Wood Products Pty Ltd sought approval of the Koppers Wood Products, Longford and CFMEU Enterprise Agreement 2017. The applicant argued that the agreement contained appropriate provisions for the workplace, including those relating to employee conditions and dispute resolution mechanisms. The respondents, comprising various employees, contested certain provisions, particularly those they deemed to be unfair or not in line with applicable employment standards.

The legal issues before the Commission included whether the enterprise agreement complied with the Fair Work Act 2009, specifically in terms of ensuring the agreement did not harm employees, and whether it met the procedural requirements for approval. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of both the employer and employees.

The Commission found that the enterprise agreement was procedurally sound and had been negotiated in good faith. While some provisions raised concerns about fairness, the overall agreement was deemed to meet the statutory standards for approval. The Commission determined that the benefits of the agreement to both parties outweighed the concerns raised by the respondents. Consequently, the Commission approved the enterprise agreement, highlighting the importance of such agreements in providing a stable and fair working environment.

The final order was that the Koppers Wood Products, Longford and CFMEU Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009.

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