Norske Skog Paper Mills (Australia) Limited Summary

[2025] FWCA 215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Norske Skog Paper Mills (Australia) Limited

(AG2024/5197)

NORSKE SKOG BOYER MILL, ENTERPRISE AGREEMENT 2025

Timber and paper products industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 23 JANUARY 2025

Application for approval of the Norske Skog Boyer Mill, Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Norske Skog Boyer Mill, Enterprise Agreement 2025 (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.

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. The undertakings are taken to be a term of the agreement.

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.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Australian Workers’ Union (AWU) and the Construction, Forestry and Maritime Employees Union (CFMEU), being the 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. The AMWU, the CEPU, the AWU and the CFMEU support approval of the Agreement.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 23.1 - Annual Leave.
· Clause 25.1 – Personal Leave.

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Norske Skog Boyer Mill, Enterprise Agreement 2025. The applicant, Norske Skog Paper Mills (Australia) Limited, sought to have the proposed agreement approved under section 233 of the Fair Work Act 2009. The Fair Work Commission had to determine whether the agreement met the requirements for approval as a simple, low-risk agreement. The dispute centred around the terms and conditions of employment proposed in the agreement, including pay rates, working hours, and other employment-related matters.

The legal issues before the Commission were whether the proposed agreement was a low-risk agreement, as defined by the Fair Work Act, and whether it provided fair terms and conditions of employment for the employees covered by the agreement. The Commission had to consider whether the agreement met the requirements for approval under section 234 of the Act, including whether it provided for a modern award, provided for a minimum rate of pay, and did not have any terms that were contrary to the objects of the Act.

In its decision, the Commission found that the proposed agreement was a low-risk agreement and met the requirements for approval under the Act. The Commission noted that the agreement provided for a modern award and provided for a minimum rate of pay that was in line with the applicable award. The Commission also found that the agreement did not contain any terms that were contrary to the objects of the Act. The Commission approved the proposed agreement as a simple, low-risk agreement under section 233 of the Fair Work Act.

The Commission's approval of the proposed agreement was subject to certain conditions, including that the agreement be implemented in accordance with the terms of the agreement and that any disputes arising under the agreement be resolved in accordance with the procedures set out in the agreement. The Commission also noted that the agreement would expire on 31 March 2025 and that any further changes to the agreement would need to be approved by the Commission. The Commission's decision provides clarity on the requirements for approving low-risk enterprise agreements and provides a framework for employers and employees to negotiate and implement such agreements.

Norske Skog Paper Mills (Australia) Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established