Paper Australia Pty Ltd T/A Australian Office

[2014] FWCA 7878

FAIR WORK COMMISSION

DECISION

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

Paper Australia Pty Ltd T/A Australian Office
(AG2014/8013)

PAPER AUSTRALIA PTY LTD (PRESTON FACTORY) ENTERPRISE AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 7 NOVEMBER 2014

Application for approval of the Paper Australia Pty Ltd (Preston Factory) Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Paper Australia Pty Ltd (Preston Factory) Enterprise Agreement 2014 (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 T/A Australian Office.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2014. The nominal expiry date of the Agreement is 7 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Paper Australia Pty Ltd, trading as Australian Office, sought approval for the Paper Australia Pty Ltd (Preston Factory) Enterprise Agreement 2014. The application arose from negotiations between Paper Australia and the National Tertiary Education Union, which represented employees at the Preston factory. The dispute centred on the terms and conditions of employment, including wages, working hours, leave entitlements, and other workplace arrangements.

The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the fair and equitable resolution of the employees' terms and conditions of employment. Specifically, the Commission needed to determine if the agreement was made in good faith, if it contained the minimum terms and conditions mandated by the Act, and if it complied with the procedural requirements for enterprise agreements.

In evaluating the application, the Commission found that the agreement was made in good faith and contained all the minimum terms and conditions as prescribed by the Fair Work Act. The Commission also noted that the agreement had been negotiated over a reasonable period and that there was no evidence of any undue influence or coercion. The Commission was satisfied that the agreement provided for the fair and equitable resolution of the employees' terms and conditions of employment. Consequently, the Commission approved the enterprise agreement.

The Commission ordered that the Paper Australia Pty Ltd (Preston Factory) Enterprise Agreement 2014 be approved and registered with the Fair Work Commission. The agreement would then become the governing document for the terms and conditions of employment for the employees at the Preston factory. This decision ensures that the agreement remains in effect until a new agreement is made or until it is terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established