Paper Australia Pty Limited T/A Australian Paper

[2016] FWCA 1892

[2016] FWCA 1892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paper Australia Pty Limited T/A Australian Paper
(AG2016/2620)

MARYVALE MILL ELECTRICAL/PLUMBING MAINTENANCE ENTERPRISE AGREEMENT 2016-2019

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

Application for approval of the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2016-2019 (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] Australian Paper wrote to the Commission advising that the Agreement contained a typographical error in clause 44.1 and that it was intended that the provision read: “In addition to and not in any way to limit the flexibilities that are set out in other parts of this Agreement, the terms in clause 44.4 may be varied by an individual flexibility arrangement (IFA).” Pursuant to s.586(a) of the Act, I permit this correction to clause 44.1 of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining a representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover the organisation. As required by s.201(2) I note that the Agreement covers the CEPU.

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

[6] 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.

[7] 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.

[8] 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.

[9] 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.

[10] 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

<Price code J, AE418365  PR578374>