| [2023] FWCA 2063 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Koppers Wood Products Pty Ltd
(AG2023/2071)
KOPPERS WOOD PRODUCTS PTY LTD (TAKURA, QLD)
- ENTERPRISE AGREEMENT 2023-2026
| Timber and paper products industry | |
| COMMISSIONER LIM | PERTH, 7 JULY 2023 |
Application for approval of the KOPPERS WOOD PRODUCTS PTY LTD (TAKURA, QLD) - ENTERPRISE AGREEMENT 2023-2026
Koppers Wood Products Pty Ltd has made an application for the approval of an enterprise agreement known as the Koppers Wood Products Pty Ltd (Takura, QLD) – Enterprise Agreement 2023-2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Australian Workers Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW 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 was approved on 7 July 2023 and, in accordance with s 54, will operate from 14 July 2023. The nominal expiry date of the Agreement is 31 March 2026.
COMMISSIONER
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Annexure A
- AGLC
- Koppers Wood Products Pty Ltd [2023] FWCA 2063
- Case
- [2023] FWCA 2063
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the proposed Enterprise Agreement met the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement had been negotiated in good faith, whether it covered the mandated minimum terms and conditions, and if it complied with other legislative provisions such as the protection of vulnerable employees and ensuring fair treatment of all employees involved.
The Court considered extensive submissions from both parties and conducted a detailed review of the proposed agreement. The Fair Work Commission found that the agreement was the result of genuine negotiations and contained provisions that met the minimum standards prescribed by the Act. The agreement also included adequate protections for vulnerable employees and ensured fair treatment across all employee categories. Consequently, the Court approved the Enterprise Agreement as it complied with all necessary legal requirements.
The final orders of the Court were that the Enterprise Agreement between Koppers Wood Products Pty Ltd and its employees for the period 2023-2026 be approved. The agreement was to be registered with the Fair Work Commission and would come into effect on the specified date, ensuring that all terms and conditions outlined in the agreement would be legally binding for the duration of the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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