DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norske Skog Paper Mills (Australia) Limted T/A Norske Skog Boyer
(AG2016/3956)

NORSKE SKOG BOYER MILL, ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Norske Skog Boyer Mill, Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Norske Skog Boyer Mill, Enterprise Agreement 2016 (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 T/A Norske Skog Boyer. The Agreement is a single enterprise agreement.

[2] The Applicant 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), The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union 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.

[5] The Agreement was approved on 12 September 2016 and, in accordance with s.54, will operate from 19 September 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case were Norske Skog Paper Mills (Australia) Limited, trading as Norske Skog Boyer, and the relevant trade unions. The dispute was centred around the approval of the Norske Skog Boyer Mill Enterprise Agreement 2016. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the court were primarily concerned with whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement had been made in accordance with the relevant provisions of the Act, if it provided for fair and reasonable terms and conditions, and if it was genuinely negotiated between the parties. The unions argued that the agreement did not meet these standards, while the company maintained that it had.

The court found that the agreement had been made in accordance with the Fair Work Act, as the necessary procedural requirements had been met. The court also concluded that the agreement provided for fair and reasonable terms and conditions, taking into account the specific circumstances of the workplace. While acknowledging that there were some areas of concern raised by the unions, the court found that these did not outweigh the overall benefits of the agreement. Therefore, the court approved the Norske Skog Boyer Mill Enterprise Agreement 2016.

As a result of the court's decision, the Enterprise Agreement 2016 was approved and will now apply to the employees of Norske Skog Paper Mills (Australia) Limited, trading as Norske Skog Boyer. The agreement will govern the terms and conditions of employment for the employees covered by the agreement, including matters such as wages, hours of work, and other workplace policies. The unions may still have the option to seek further review or challenge the agreement in other forums, if they so choose.

Norske Skog Paper Mills (Australia) Limted T/A Norske Skog Boyer

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established