Norske Skog Paper Mills (Australia) Limited

[2022] FWCA 426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Norske Skog Paper Mills (Australia) Limited

(AG2021/9167)

NORSKE SKOG BOYER MILL ENTERPRISE AGREEMENT 2022

Timber and paper products industry
COMMISSIONER P RYAN	SYDNEY, 9 FEBRUARY 2022

Application for approval of the Norske Skog Boyer Mill, Enterprise Agreement 2022

Norske Skog Paper Mills (Australia) Limited (the Employer) has made an application for approval of an enterprise agreement known as the Norske Skog Boyer Mill Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 190 Undertakings

The employer 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

Sections 186, 187, 188 and 190

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.

Section 183

The Australian Manufacturing Workers Union (AMWU), the Australian Workers Union (AWU), the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (CEPU) and Construction Forestry Maritime Mining and Energy Union (CFMMEU) each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the AMWU, the AWU, the CEPU and the CFMMEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by Norske Skog Paper Mills (Australia) Limited for approval of an enterprise agreement in relation to their Boyer Mill. The dispute involved the terms of the agreement, which the company sought to have approved under the Fair Work Act 2009. The court's role was to determine whether the agreement met the criteria for approval, including whether it facilitated the improvement of economic and employment conditions, and whether it complied with the procedural requirements of the Act.

The key legal issues before the court were whether the agreement facilitated the improvement of economic and employment conditions and whether the agreement was made in accordance with the procedural requirements of the Act. The court had to consider the application of the statutory criteria for approval of enterprise agreements under the Fair Work Act 2009. This included examining whether the agreement contained only matters that could be the subject of an enterprise agreement, whether it facilitated the improvement of economic and employment conditions, and whether it was made in good faith and in accordance with the procedural requirements of the Act.

In assessing the application, the court considered the evidence and submissions provided by the parties. It found that the agreement contained only matters that could be the subject of an enterprise agreement, and that it facilitated the improvement of economic and employment conditions by providing for a range of benefits for employees, including pay increases and improved leave entitlements. The court also found that the agreement was made in good faith and in accordance with the procedural requirements of the Act, including that the company had provided the necessary information to the employees and that the employees had been given a reasonable opportunity to consider the agreement and to discuss it with their representatives. The court was satisfied that the agreement met the criteria for approval under the Fair Work Act 2009.

Accordingly, the court approved the Norske Skog Boyer Mill, Enterprise Agreement 2022, effective from 1 April 2022. The agreement is to be registered with the Fair Work Commission, and it will apply to the employees of the Boyer Mill. The company and the employees are bound by the terms of the agreement, and it will regulate their employment conditions for the period specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established