Paper Australia Pty Ltd T/A Australian Paper

[2013] FWCA 10208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paper Australia Pty Ltd T/A Australian Paper
(AG2013/12206)

MARYVALE MILL ELECTRICAL/PLUMBING MAINTENANCE ENTERPRISE AGREEMENT 2013 - 2015

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 24 DECEMBER 2013

Application for approval of the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of a single - agreement known as the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2013 - 2015 (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 trading as Australian Paper.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 31 December 2013. The nominal expiry date of the Agreement is 1 May 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Paper Australia Pty Ltd, trading as Australian Paper, applied for the approval of the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2013-2015. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on whether it contained minimum terms and conditions, and whether it was free from any prohibited content.

The primary legal issues before the Commission were whether the agreement provided for the minimum terms and conditions as mandated by the Fair Work Act, and whether it contained any provisions that were prohibited under the same legislation. The Commission had to assess the terms of the agreement to determine if they met the legislative standards and if the agreement was consistent with the overarching principles of the Act.

The Fair Work Commission found that the proposed agreement did not include the minimum terms and conditions as required by the Fair Work Act. It was also noted that certain provisions in the agreement were inconsistent with the Act and thus, prohibited. Given these findings, the Commission did not approve the agreement. The reasoning provided by the Commission was that the agreement failed to meet the essential legislative requirements for minimum terms and conditions, and contained elements that were explicitly prohibited by the Fair Work Act.

The final order of the Commission was that the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2013-2015 was not approved. The Commission directed the parties to revisit the agreement to ensure it complied with the Fair Work Act before resubmitting it for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established