Oji Fibre Solutions (Aus) Pty Ltd

[2025] FWCA 3102

[2025] FWCA 3102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Oji Fibre Solutions (Aus) Pty Ltd

(AG2025/2935)

OJI FIBRE SOLUTIONS (AUS) PTY LTD ENTERPRISE AGREEMENT 2025

Graphic Arts
COMMISSIONER SLOAN	SYDNEY, 12 SEPTEMBER 2025

Application for approval of the Oji Fibre Solutions (Aus) Pty Ltd Enterprise Agreement 2025

1. Oji Fibre Solutions (Aus) Pty Ltd has applied for approval of a single enterprise agreement known as the Oji Fibre Solutions (Aus) Pty Ltd Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).

2. Oji Fibre Solutions has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. The Commission sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”), which was a bargaining representative for the Agreement, in respect of the undertaking. Pursuant to section 190(3) of the Act, I accept the undertaking. It is taken to be a term of the Agreement.

3. In several respects, the Agreement contains provisions that appear to be inconsistent with the National Employment Standards (“NES”). That is:

(1)Clause 9(d) of the Agreement contains an employee’s obligations to provide notice of taking personal/carer’s leave, in terms that are arguably more stringent or onerous than the requirements of section 107 of the Act.

(2)Clauses 11 and 12 of the Agreement provide for compassionate and bereavement leave. They do not contemplate compassionate leave being available after the stillbirth of a child of the employee or a member of the employee’s immediate family or household (section 104(1)(b) of the Act) or after the employee or the employee’s spouse or de facto partner has a miscarriage (section 104(1)(c) of the Act).

(3)The Agreement is silent as to annual leave entitlements, apart from annual leave loading which is provided for in clause 14. The Agreement incorporates the Graphic Arts Award 2000 as it stood at 1 March 2006. It appears that the annual leave entitlement in that award will apply. Clause 7.1.1 of the Graphic Arts Award provides for 4 weeks annual leave for employees other than casuals. However, inconsistently with section 87 of the Act, it does not provide an additional week for shiftworkers.

(4)Clause 15 of the Agreement provides an entitlement for an employee to take “pro rata” long service leave after 10 years of service. Noting that the Agreement covers employees in New South Wales and Victoria, the entitlement to take LSL under the relevant legislation arises after 10 years. It is not “pro rata”. I have some concerns that the clause is based on a false premise and may be inconsistent with section 113 of the Act.

(5)The Agreement appears to be silent in relation to public holidays. Again, I infer that the public holiday entitlements in the Graphic Arts Award are intended to apply. Clause 7.5.6(a) of that award provides that where an employee is absent from the employee’s employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee will not be entitled to payment for such holiday. This is less beneficial than the NES.

(6)The agreement is silent in relation to termination of employment. Clause 4.2.1(e)(ii) of the Graphic Arts Award purports to exclude apprentices from receiving notice of termination. There is no such exclusion in the NES. Further, clause 4.2.6 of the Graphic Arts Award appears to provide that an employee who has abandoned their employment will not be entitled to notice of termination, cf. Boguslaw Bienias v Iplex Pipelines Australia Pty Limited[2017] FWCFB 38 at [58].

1. Having noted those matters, clause 8 of the Agreement provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that the provisions to which I have referred are not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case.

2. Having regard to the undertaking and the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

3. The AMWU has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the AMWU.

4. The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 19 September 2025. The nominal expiry date of the Agreement is 29 September 2028.

Variation

1. At the time of filing the Agreement, Oji Fibre Solutions sought to correct two minor errors in the Agreement. On the information available to me I consider them to be obvious errors capable of being amended under section 218A. The AMWU raised no objection to me doing so. I will amend the Agreement accordingly.

2. I order as follows:

   (1)Clause 27 of the Agreement is amended so that the word “peak” is inserted before the words “production time”.

(2)Clause 36 of the Agreement is amended so that in paragraph (b) of Step 5, the words “whether at the same or another workplace” are deleted.

COMMISSIONER

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<AE530438  PR791726>

Annexure A