DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Paper Industries
(AG2014/10959)

NATIONAL PAPER INDUSTRIES BROADFORD AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 14 JANUARY 2015

Application for approval of the National Paper Industries Broadford Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the National Paper Industries Broadford Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Paper Industries (the Applicant).

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

[3] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant sought approval of an agreement that would allow employees of National Paper Industries to work on public holidays at a reduced rate of pay. The respondent union opposed the application, arguing that the agreement would lead to exploitation of the employees. The court was required to determine whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative framework.

The court considered the nature of the agreement and the potential impact on the employees. It examined the evidence presented by both parties and assessed whether the agreement provided adequate protections for the employees. The court also considered whether the agreement was in line with the principles of fairness and reasonableness under the relevant legislation. After careful consideration, the court concluded that the agreement was in the best interests of the employees and complied with the relevant legislative requirements.

The court approved the agreement, finding that it provided appropriate protections for the employees and was in line with the principles of fairness and reasonableness. The court emphasised the importance of ensuring that employees are not exploited and that their rights are protected. The court also noted that the agreement would provide flexibility for the employer and allow for efficient operations. The court made an order approving the agreement, subject to certain conditions to ensure that the employees' rights are protected.

National Paper Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established