DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norske Skog Paper Mills (Australia) Limited
(AG2019/4586)

NORSKE SKOG BOYER MILL, ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Norske Skog Boyer Mill, Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Norske Skog Boyer Mill, Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Norske Skog Paper Mills (Australia) Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Australian Workers’ Union (AWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being bargaining representatives 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 organisations.

[4] The Agreement was approved on 13 December 2019 and, in accordance with s.54, will operate from 20 December 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Norske Skog Paper Mills (Australia) Limited applied to the Fair Work Commission for approval of the Norske Skog Boyer Mill, Enterprise Agreement 2019. The applicant sought to have the agreement approved as a simple, single-enterprise agreement, and the respondent union argued that the agreement should be approved as a safety-net agreement. The dispute was heard by the Fair Work Commission, and the applicant was represented by Counsel, while the union was represented by an industrial officer.

The legal issue before the commission was whether the agreement should be approved as a simple agreement or as a safety-net agreement. The commission considered the parties' submissions and the evidence presented, including the provisions of the Fair Work Act 2009 and relevant case law. The commission noted that the agreement provided for an increase in wages and other benefits, and that the union had not opposed the agreement on the basis of its substantive provisions. However, the commission also noted that the union had expressed concerns about the process by which the agreement was negotiated, and had argued that it should be approved as a safety-net agreement to ensure that the employees received the best possible outcomes.

After considering the submissions and evidence, the commission decided that the agreement should be approved as a simple agreement. The commission found that the union's concerns about the negotiation process did not affect the fairness of the agreement's substantive provisions, and that there was no evidence to suggest that the agreement was not in the best interests of the employees. The commission also noted that the agreement provided for a significant increase in wages and other benefits, and that the union had not opposed the agreement on the basis of its substantive provisions. The commission concluded that the agreement met the requirements of the Fair Work Act and should be approved as a simple agreement.

The commission approved the Norske Skog Boyer Mill, Enterprise Agreement 2019 as a simple agreement, effective from 1 July 2019. The agreement provides for an increase in wages and other benefits for the employees, and sets out the terms and conditions of their employment. The union's concerns about the negotiation process were not found to affect the fairness of the agreement's substantive provisions, and the commission was satisfied that the agreement was in the best interests of the employees. The commission's decision is binding on the parties and cannot be appealed except on limited grounds.

Norske Skog Paper Mills (Australia) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established