DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Koppers Wood Products Pty Ltd T/A Koppers Wood Products Pty Ltd
(AG2020/2750)

KOPPERS WOOD PRODUCTS, LONGFORD AND CFMMEU ENTERPRISE AGREEMENT 2020

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 19 OCTOBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Koppers Wood Products, Longford 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 T/A 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] One employee received the notification of the vote and a copy of the Agreement less than 7 clear days before voting commenced. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] The Construction Forestry Maritime Mining & 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2020. The nominal expiry date of the Agreement is 6 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Koppers Wood Products Pty Ltd, trading as Koppers Wood Products Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The dispute centred on the application for the approval of the Koppers Wood Products, Longford and CFMMEU Enterprise Agreement 2020. The Fair Work Commission heard the case. The fundamental legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether it complied with the requirements of the Fair Work (Registered Organisations) Act 2009. The Commission examined whether the agreement was a genuine enterprise agreement, whether it was free from any improper influence or coercion, and whether it appropriately balanced the interests of both parties. Furthermore, the Commission assessed if the agreement provided for proper workplace relations and if it adhered to the relevant provisions of the Fair Work Act.

The Commission carefully considered the submissions from both parties and reviewed the content of the enterprise agreement. The Commission determined that the agreement was a genuine enterprise agreement that appropriately balanced the interests of the employer and the employees. The agreement was found to be free from any improper influence or coercion, and it complied with the requirements of the Fair Work Act. The Commission also concluded that the agreement provided for proper workplace relations and adhered to the relevant provisions of the Fair Work Act. Consequently, the Commission approved the Koppers Wood Products, Longford and CFMMEU Enterprise Agreement 2020.

The Fair Work Commission approved the Koppers Wood Products, Longford and CFMMEU Enterprise Agreement 2020, recognising it as a genuine and balanced agreement that complied with the Fair Work Act and the Fair Work (Registered Organisations) Act. The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision.

Koppers Wood Products Pty Ltd T/A 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