Oji Fibre Solutions (Aus) Pty Ltd T/A Oji Fibre Solutions Summary

[2022] FWCA 2164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1835)

Oji Fibre Solutions (Aus) Pty Ltd Enterprise Agreement 2022

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 29 JUNE 2022

Application for approval of the Oji Fibre Solutions (Aus) Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Oji Fibre Solutions (Aus) Pty Ltd Enterprise Agreement 2022 (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.

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) 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.

I observe that there are provisions in the incorporated Graphic Arts Award 2000 which are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 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 6 July 2022. The nominal expiry date of the Agreement is 29 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Oji Fibre Solutions (Aus) Pty Ltd T/A Oji Fibre Solutions, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement. The application was made by Oji Fibre Solutions (Aus) Pty Ltd, and the agreement in question was the Oji Fibre Solutions (Aus) Pty Ltd Enterprise Agreement 2022. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including its compliance with the better-off-overall test and its fairness in terms of procedural and substantive elements.

The primary legal issues the Commission needed to address were whether the agreement provided for employees to be better off overall than they would be under the applicable award, and whether the agreement had been made in accordance with the relevant procedural requirements. Specifically, the Commission examined whether the agreement was genuinely negotiated, whether it included appropriate provisions for employee representation and consultation, and whether it adequately addressed the rights and obligations of both employers and employees.

The Commission, after considering the evidence presented and the submissions made by both parties, determined that the Oji Fibre Solutions (Aus) Pty Ltd Enterprise Agreement 2022 did indeed meet the statutory requirements for approval. The Commission found that the agreement provided for employees to be better off overall, taking into account the various factors that constitute the better-off-overall test. Additionally, the Commission was satisfied that the agreement had been negotiated in good faith and included adequate provisions for employee representation and consultation. The Commission also concluded that the agreement was fair and reasonable in its terms and conditions.

As a result, the Fair Work Commission approved the Oji Fibre Solutions (Aus) Pty Ltd Enterprise Agreement 2022, with the agreement to come into effect on the date of the decision. The approval of the enterprise agreement ensures that the terms and conditions of employment for the relevant employees are governed by the agreement, rather than the applicable award.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established