DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norske Skog Paper Mills (Australia) Limited Albury
(AG2018/858)

NORSKE SKOG ALBURY MILL, COLLECTIVE WORKPLACE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 25 JULY 2018

Application for approval of the Norske Skog Albury Mill, Collective Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Norske Skog Albury Mill, Collective Workplace Agreement 2017 (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 Albury. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Norske Skog Paper Mills (Australia) Limited to have the Norske Skog Albury Mill, Collective Workplace Agreement 2017 approved by the Fair Work Commission. The applicant sought the approval of a new workplace agreement under the Fair Work Act 2009. The nature of the dispute was related to the terms and conditions of employment for the workers at the Albury Mill, specifically focusing on the proposed changes in the new agreement.

The legal issues that the court needed to address included whether the agreement was fairly and properly negotiated, whether the agreement was in the best interests of the employees, and whether the agreement complied with the statutory requirements of the Fair Work Act. The applicant argued that the new agreement provided benefits to the employees and was a fair and reasonable agreement. The respondents, representing the employees, contended that certain provisions in the agreement were not in the best interests of the employees and were not fairly negotiated.

The court examined the evidence presented by both parties and considered the statutory requirements for the approval of a workplace agreement. The court found that the agreement was fairly and properly negotiated and was in the best interests of the employees. The court also found that the agreement complied with the statutory requirements of the Fair Work Act. The court approved the Norske Skog Albury Mill, Collective Workplace Agreement 2017. The court found that the agreement provided benefits to the employees, including improved wages and conditions, and that the employees had been adequately consulted in the negotiation process.

Norske Skog Paper Mills (Australia) Limited Albury

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established