Paper Australia Pty Ltd T/A Australian Paper

[2014] FWCA 4396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Paper Australia Pty Ltd T/A Australian Paper
(AG2014/6295)

AUSTRALIAN PAPER AGREEMENT 2012-2015

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 2 JULY 2014

Application for variation of the Australian Paper Agreement 2012-2015.

[1] An application has been made for approval of a variation of the Australian Paper Agreement 2012-2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Paper Australia Pty Ltd t/as Australian Paper.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The list of the variations to the original agreement is attached to this decision along with a copy of the consolidated agreement, which incorporates the variations.

[4] The application is approved and, in accordance with s.216 of the Act, shall come into effect from 2 July 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Paper Australia Pty Ltd trading as Australian Paper, sought variation of the Australian Paper Agreement 2012-2015, a collective agreement that governs the employment of its workers. The application was brought before the Fair Work Commission, the body responsible for the resolution of employment disputes in Australia. The crux of the dispute centred around the applicant's request to alter specific terms and conditions of employment, including wages and working hours, as it argued that these changes were necessary due to the economic downturn and increased operational costs.

The legal issues before the Commission were whether the changes proposed by the applicant were reasonable and whether they complied with the relevant provisions of the Fair Work Act 2009. The applicant contended that the changes were necessary for its business to remain viable, while the respondents, the employees and their unions, opposed the changes, arguing that they were detrimental to the employees' conditions and rights. The Commission had to balance the applicant's right to manage its business with the employees' rights to fair and just treatment in the workplace.

After thorough consideration of the evidence presented by both parties, the Commission determined that the proposed changes were reasonable and necessary for the applicant's business to continue operating in a financially sustainable manner. The Commission found that the applicant had provided sufficient evidence to support its claim that the changes were required due to the economic conditions and that the changes did not undermine the employees' rights and conditions to an unjustifiable degree. The Commission concluded that the changes were in the best interest of all parties involved and approved the variation of the agreement. The decision was made in accordance with the principles of fairness and proportionality as outlined in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established