DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OJI Fibre Solutions (Aus) Pty Ltd T/A OJI Fibre Solutions
(AG2019/2736)

OJI FIBRE SOLUTIONS (AUS) PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2019

Graphic Arts
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 AUGUST 2019

Application for approval of the Oji Fibre Solutions (Aus) Pty Ltd Employee Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Oji Fibre Solutions (Aus) Pty Ltd Employee Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OJI Fibre Solutions (Aus) Pty Ltd T/A OJI Fibre Solutions. The Agreement is a single enterprise agreement.

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

[3] I note that Clauses 8(a) of the Agreement and Clause 7.5.6(a) of the incorporated pre-reform Award are inconsistent with the National Employment Standards (NES) as the Clauses provide restrictions not otherwise provided for in the NES. Given the National Employment Standards precedence clause at clause 8 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2019. The nominal expiry date of the Agreement is 29 September 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the matter of OJI Fibre Solutions (Aus) Pty Ltd T/A OJI Fibre Solutions, the Fair Work Commission was asked to approve an employee enterprise agreement. The agreement in question was the OJI Fibre Solutions (Aus) Pty Ltd Employee Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for the workers within the company, and the company sought the Commission’s approval of the proposed agreement.

The primary legal issue the Commission had to address was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for terms and conditions of employment that were, to the extent required by the Act, fair and suitable. The Commission also needed to consider whether the agreement had been made in accordance with the procedural requirements set out in the Act, including whether the agreement had been made without inappropriate conduct.

The Fair Work Commission, after reviewing the evidence and submissions, concluded that the proposed agreement met the statutory criteria for approval. The Commission found that the agreement provided for fair and suitable terms and conditions of employment, taking into account the nature of the business and the interests of the employees. The Commission also found that the agreement had been made without any inappropriate conduct and in accordance with the procedural requirements of the Act. Therefore, the Commission approved the OJI Fibre Solutions (Aus) Pty Ltd Employee Enterprise Agreement 2019, effective from the date of the decision.

The final orders of the Commission included the approval of the agreement and mandated that it be notified to the parties as required by the Act. The Commission’s decision provides clarity on the terms and conditions of employment for the workers, ensuring that the agreement is legally binding and enforceable under the Fair Work Act 2009.

OJI Fibre Solutions (Aus) Pty Ltd T/A OJI Fibre Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established