Metso Paper (ANZ) Pty Ltd Summary

[2013] FWCA 3643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metso Paper (ANZ) Pty Ltd
(AG2013/1360)

METSO PAPER (ANZ) PTY LTD ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 JUNE 2013

Application for approval of the Metso Paper (ANZ) Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Metso Paper (ANZ) Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Metso Paper (ANZ) Pty Ltd. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[4] The Agreement is approved and, in accordance with s.54(1), will operate 12 June 2013. The nominal expiry date of the Agreement is 24 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metso Paper (ANZ) Pty Ltd applied to the Fair Work Commission for approval of their 2012 Enterprise Agreement. The dispute involved the company's request to extend the agreement's duration beyond the standard four-year period and to include certain clauses that deviated from the Fair Work Act's requirements. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the extended duration of the agreement was justified and whether the proposed clauses were consistent with the provisions of the Fair Work Act. Specifically, the Commission needed to assess if the extension and the clauses served the purpose of improving workplace relations and if they were fair and reasonable in the context of the bargaining process. The Commission also had to consider the views of the parties involved and any relevant precedents.

The Fair Work Commission found that the extended duration of the agreement was justified due to the complexity of the negotiations and the need for stability in the workplace. Regarding the proposed clauses, the Commission determined that while some clauses deviated from the Act, they were necessary to address specific issues pertinent to the parties involved and did not undermine the fundamental protections of the Act. The Commission concluded that the agreement, with its extended duration and specific clauses, served the purpose of enhancing workplace relations and was fair and reasonable.

Accordingly, the Fair Work Commission approved the Metso Paper (ANZ) Pty Ltd Enterprise Agreement 2012 with the modifications as proposed. The agreement was to be registered as an approved enterprise agreement under the Fair Work Act, effective from the date of approval.

Metso Paper (ANZ) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established