Paper Australia Pty Ltd

[2019] FWCA 7636

[2019] FWCA 7636

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Paper Australia Pty Ltd
(AG2019/3846)

PAPER AUSTRALIA (CAROLE PARK, QUEENSLAND) ENTERPRISE BARGAINING AGREEMENT 2019

Graphic Arts; Storage Services
COMMISSIONER HUNT	BRISBANE, 12 NOVEMBER 2019

Application for approval of the Paper Australia (Carole Park, Queensland) Enterprise Bargaining Agreement 2019.

[1] Paper Australia Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Paper Australia (Carole Park, Queensland) Enterprise Bargaining Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the National Union of Workers (NUW), as it then was, now the United Workers’ Union (UWU), and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) regarding the undertakings provided by the Employer; the UWU and the AMWU being bargaining representatives for the Agreement. The UWU and the AMWU do not oppose the Employer’s written undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The UWU and the AMWU being bargaining representatives for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover each of them. In accordance with s.201(2) I note that the Agreement covers the UWU and the AMWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A: