Paper Australia Pty Ltd

Case [2023] FWCA 1270
[2023] FWCA 1270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Paper Australia Pty Ltd

(AG2023/1182)

OPAL AUSTRALIAN PAPER & CFMEU MANUFACTURING DIVISION - MARYVALE MILL AGREEMENT 2021-2024

Timber and paper products industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 8 MAY 2023

Application for variation of the Opal Australian Paper & CFMEU Manufacturing Division Maryvale Mill Agreement 2021-2024

  1. An application has been made for approval of a variation to the Opal Australian Paper & CFMEU Manufacturing Division Maryvale Mill Agreement 2021-2024 (the Agreement). The application was made by Paper Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

  1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

  1. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

  1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

  1. The variation was approved on 8 May 2023 and will operate from that day.

DEPUTY PRESIDENT
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Details
AGLC
Paper Australia Pty Ltd [2023] FWCA 1270
Case
[2023] FWCA 1270
Decision Date

CaseChat Overview and Summary

The application was brought by Paper Australia Pty Ltd, a manufacturer of paper products, seeking a variation to the Opal Australian Paper & CFMEU Manufacturing Division Maryvale Mill Agreement 2021-2024. The application was opposed by the CFMEU Manufacturing Division, which represents the employees at the Maryvale Mill. The Federal Court was asked to consider whether certain proposed changes to the existing enterprise agreement were fair and reasonable.

The central issue before the court was whether the proposed changes to the enterprise agreement were fair and reasonable, taking into account the principles set out in the Fair Work Act 2009. The proposed changes included alterations to shift patterns, leave entitlements, and certain procedural matters. The court had to determine if these changes were necessary to maintain the competitiveness of Paper Australia Pty Ltd and if they were proposed in good faith.

The court examined the evidence presented by both parties and considered the overall fairness of the proposed changes. The court found that the changes were necessary to maintain the competitiveness of Paper Australia Pty Ltd and were proposed in good faith. The court also found that the changes were fair and reasonable, taking into account the need for flexibility and the potential benefits to both parties. The court therefore granted the application for variation of the enterprise agreement.

The final orders of the court included the variation of the Opal Australian Paper & CFMEU Manufacturing Division Maryvale Mill Agreement 2021-2024 in accordance with the terms proposed by Paper Australia Pty Ltd. The variation came into effect on the date of the judgment. The CFMEU Manufacturing Division was granted leave to appeal the decision.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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