Oji Cardboard Carton Solutions Pty Ltd T/A Oji Fibre Solutions

[2021] FWCA 6157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oji Cardboard Carton Solutions Pty Ltd T/A Oji Fibre Solutions

(AG2021/7664)

Oji Cardboard Carton Solutions Pty Ltd Employee Enterprise Agreement 2021

Graphic Arts
COMMISSIONER CIRKOVIC	MELBOURNE, 7 OCTOBER 2021

Application for approval of the Oji Cardboard Carton Solutions Pty Ltd Employee Enterprise Agreement 2021.

Oji Cardboard Carton Solutions Pty Ltd T/A Oji Fibre Solutions (the Applicant) has made an application for approval of an enterprise agreement known as the Oji Cardboard Carton Solutions Pty Ltd Employee Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 October 2021.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 14 October 2024.

COMMISSIONER

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The case involves an application by Oji Cardboard Carton Solutions Pty Ltd, trading as Oji Fibre Solutions, to the Fair Work Commission for the approval of their Employee Enterprise Agreement 2021. This agreement was submitted under section 235 of the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the criteria for approval. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, representing certain employees of the company. The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly focusing on the requirements for good faith bargaining and the need for the agreement to provide for a fair and efficient workplace.

The Commission examined the process through which the agreement was negotiated and whether it met the standards of good faith. The key considerations included whether there was genuine bargaining, whether the parties negotiated in a manner that was reasonable and in good faith, and whether the agreement contained provisions that were fair and appropriate for the employees and the employer. The Commission also assessed whether the agreement provided for appropriate mechanisms for the resolution of workplace issues and disputes, and whether it included provisions that were necessary for a fair and efficient workplace. The Fair Work Act requires that enterprise agreements must be approved if they meet the criteria for being a "better off overall test" agreement, meaning that the employees would be better off overall with the agreement than without it.

After thorough consideration of the submissions and evidence, the Commission determined that the agreement met the requirements for approval under the Fair Work Act. The Commission found that the agreement had been negotiated in good faith and contained provisions that were fair and appropriate. The agreement provided for mechanisms to resolve workplace issues and disputes and included provisions that were necessary for a fair and efficient workplace. The Commission was satisfied that the agreement would result in employees being better off overall, thus meeting the criteria for approval. The Commission approved the Employee Enterprise Agreement 2021, subject to the conditions outlined in the decision.

The final orders of the Commission were that the Employee Enterprise Agreement 2021, as submitted by Oji Cardboard Carton Solutions Pty Ltd, be approved with effect from the date of the decision. The approval was subject to the conditions and provisions specified in the decision, which included the terms and conditions of the agreement, as well as any specific requirements or modifications deemed necessary by the Commission. The decision concluded that the agreement was fair and appropriate and met all the legal requirements for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established