Koppers Wood Products Pty Ltd

[2014] FWCA 1245

FAIR WORK COMMISSION

DECISION

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

Koppers Wood Products Pty Ltd
(AG2014/3585)

KOPPERS WOOD PRODUCTS AND CFMEU ENTERPRISE AGREEMENT 2014

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 FEBRUARY 2014

Application for approval of the Koppers Wood Products and CFMEU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Koppers Wood Products and CFMEU Enterprise Agreement 2014 (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 Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] 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.

[5] The Construction, Forestry, Mining and Energy Union - Forestry and Furnishing Products Division, 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.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 26 February 2014.The nominal expiry date of the Agreement is 4 February 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Koppers Wood Products Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the application for approval of the Koppers Wood Products and CFMEU Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. This included determining whether the agreement contained all the mandatory terms specified in the Act, and whether it had been negotiated in good faith.

The Commission examined the evidence presented by both parties to assess the negotiation process and the content of the agreement. Key considerations included whether the agreement provided for minimum rates of pay and conditions, and whether it contained appropriate dispute resolution mechanisms. The Commission also evaluated whether the agreement was free from any prohibited content, such as terms that would undermine the operation of the Act or the rights of employees. The evidence suggested that the agreement had been negotiated in good faith and contained all necessary mandatory terms, including those relating to pay, conditions, and dispute resolution.

After careful consideration of the arguments and evidence, the Commission found that the agreement met the statutory requirements for approval. The Commission acknowledged that while there were some procedural irregularities in the negotiation process, these did not detract from the overall fairness and validity of the agreement. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees and did not contain any terms that would undermine the operation of the Act. Consequently, the Commission approved the Koppers Wood Products and CFMEU Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established