DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Norske Skog Paper Mills (Australia) Limited Albury
(AG2014/10474)

NORSKE SKOG ALBURY MILL, COLLECTIVE WORKPLACE AGREEMENT 2014

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 JANUARY 2015

Application for approval of the Norske Skog Albury Mill, Collective Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Norske Skog Albury Mill, Collective Workplace Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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) and The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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. In accordance with s.54(1) it will operate from 23 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Norske Skog Paper Mills (Australia) Limited sought approval for the Norske Skog Albury Mill, Collective Workplace Agreement 2014. The application was brought before the Fair Work Commission, with the Australian Paper Manufacturers Association serving as the employer's representative and the Construction, Forestry, Maritime, Mining and Energy Union representing the employees. The primary issue before the Commission was whether the agreement met the legal standards for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it complied with the good faith bargaining requirement.

The Commission undertook a detailed analysis of the proposed agreement, focusing on its compliance with the statutory criteria. It examined various provisions of the agreement, including those related to wages, hours of work, and other employment conditions. The Commission found that the agreement provided for fair and reasonable terms and conditions, as it ensured the employees received a wage increase and included provisions for improved working conditions. Moreover, the Commission determined that the agreement was the product of good faith bargaining, as both parties had engaged in meaningful negotiations and had reached a mutually acceptable outcome.

In reaching its decision, the Commission emphasised the importance of balancing the interests of both employers and employees. It noted that the agreement provided for a fair distribution of benefits and did not unduly favour one party over the other. Additionally, the Commission highlighted the importance of promoting industrial harmony and stability, which it found to be achieved by the proposed agreement. Based on this analysis, the Commission approved the Norske Skog Albury Mill, Collective Workplace Agreement 2014, finding it to be fair and reasonable and the product of good faith bargaining.

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