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

Annexure A:

CaseChat Overview and Summary

Paper Australia Pty Ltd sought approval of the Paper Australia (Carole Park, Queensland) Enterprise Bargaining Agreement 2019 under the Fair Work Act 2009. The application was brought before the Fair Work Commission by the Australian Manufacturing Workers Union and the Australian Paper Manufacturers Association. The union argued that the agreement was unfair as it failed to adequately address employee remuneration, while the association argued that the agreement was fair and balanced, reflecting the economic realities faced by the industry.

The key legal issues for the Commission to determine were whether the agreement was fair and whether it was in the best interests of the employees. The Commission considered the principles of good faith bargaining, the relevance of the economic context, and the provisions of the agreement itself. The Commission examined the evidence provided by both parties, including expert economic evidence, and assessed the agreement against relevant benchmarks and standards.

The Commission found that the agreement was fair and balanced, taking into account the economic context and the need for flexibility in the industry. The Commission also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable outcome in the context of the current economic environment. The Commission approved the agreement, highlighting the importance of good faith bargaining and the need for flexibility in the industry.

The Commission made an order approving the Paper Australia (Carole Park, Queensland) Enterprise Bargaining Agreement 2019, with certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included changes to the agreement's provisions on employee remuneration, to ensure that they were fair and reasonable in the context of the current economic environment. The order also included provisions for the agreement to be reviewed and amended as necessary to reflect changes in the economic context and bargaining power of the parties.

Paper Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established