DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paper Australia Pty Ltd
(AG2019/5011)

PAPER AUSTRALIA PTY LTD (PRESTON) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019-2021

Storage services
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2020

Application for approval of the Paper Australia Pty Ltd (Preston) and United Workers Union Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Paper Australia Pty Ltd (Preston) and United Workers Union Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Paper Australia Pty Ltd. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The United Workers’ Union 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 27 – Annual Leave

• Clause 28 – Personal Leave

• Clause 30 – Parental Leave

• Clause 33 – Public Holidays

However, noting clause 5.3 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Paper Australia Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement with the United Workers Union. The agreement, which covered employees at the employer's Preston site, was contested by the union, which argued that certain provisions were unfair. The matter was heard in the Fair Work Commission, Australia’s independent statutory body responsible for resolving workplace disputes.

The legal issues before the Commission were whether certain provisions of the proposed agreement were procedurally and substantively fair. The union argued that several clauses were unfair due to inadequate consultation and unreasonable terms, such as those affecting employee entitlements and workplace flexibility. The employer contended that the agreement was fair and had been developed through genuine consultation and negotiation.

The Commission found that while there were procedural shortcomings in the consultation process, the overall fairness of the agreement could not be undermined by these deficiencies alone. The substantive terms of the agreement were considered reasonable and balanced, taking into account the interests of both parties. The Commission noted the employer's efforts to rectify the consultation process and concluded that the agreement was fair in all its aspects. Approval was granted, with the agreement entering into effect upon the Commission’s decision.

Paper Australia Pty Ltd

DECISION

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