DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paper Australia Pty Ltd T/A Australian Paper
(AG2017/597)

AUSTRALIAN PAPER & CFMEU- MARYVALE MILL 2017-2020 AGREEMENT

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 24 MARCH 2017

Application for approval of the Australian Paper & CFMEU - Maryvale Mill 2017-2020 Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Australian Paper & CFMEU - Maryvale Mill 2017-2020 Agreement (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 Paper. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy 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.

[4] The Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Paper Australia Pty Ltd, trading as Australian Paper, sought the approval of an industrial agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the Maryvale Mill. The dispute was brought before the Fair Work Commission (FWC) for consideration. The agreement in question covered the period from 2017 to 2020 and sought to regulate various aspects of employment conditions, including wages, hours of work, and other terms and conditions of employment for employees at the Maryvale Mill.

The legal issues before the FWC involved determining whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to assess if the agreement provided for a safety net of minimum wages and conditions, and whether it facilitated the efficient operation of the enterprise. The FWC also had to consider whether the agreement was made in good faith and whether it provided for the efficient determination of workplace disputes.

In its decision, the FWC found that the agreement contained provisions that met the legislative requirements for a safety net of minimum wages and conditions. The FWC determined that the agreement facilitated the efficient operation of the enterprise by allowing flexibility in work arrangements while maintaining fair and reasonable terms for employees. The FWC concluded that the agreement was made in good faith and provided for the efficient determination of workplace disputes. As such, the FWC approved the Australian Paper & CFMEU - Maryvale Mill 2017-2020 Agreement.

The FWC ordered the approval of the agreement, which would now serve as a binding framework for the employment conditions of the employees at the Maryvale Mill for the specified period. This decision provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the agreement.

Paper Australia Pty Ltd T/A Australian Paper

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established