Paper Australia Pty Ltd T/A Australian Paper - Shoalhaven Mill - [2014] FWCA 7778

[2014] FWCA 7778

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paper Australia Pty Ltd T/A Australian Paper - Shoalhaven Mill
(AG2014/7981)

PAPER AUSTRALIA - SHOALHAVEN MILL MAINTENANCE AGREEMENT - 2014 - 2016

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 31 OCTOBER 2014

Application for approval of the Paper Australia - Shoalhaven Mill Maintenance Agreement- 2014 - 2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Paper Australia - Shoalhaven Mill Maintenance Agreement- 2014 - 2016 (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 - Shoalhaven Mill.

[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), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have 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 organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2014. The nominal expiry date of the Agreement is 31 December 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Paper Australia Pty Ltd, trading as Australian Paper - Shoalhaven Mill, applied to the court for the approval of the Paper Australia - Shoalhaven Mill Maintenance Agreement for the period 2014-2016. The company sought the court's approval to ensure compliance with the Fair Work Act 2009 and to facilitate the agreement's effective implementation. The court was tasked with determining whether the proposed agreement met the necessary legal criteria for approval, including whether it contained provisions that were not contrary to the Act and whether it was in the best interests of the employees involved.

The primary legal issue before the court was whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court needed to ascertain if the agreement provided adequate protections for the employees, did not contain any terms that were contrary to the Act, and was made in good faith. The court also considered whether the agreement would promote harmonious, productive, and cooperative workplace relations. The parties presented arguments and evidence to support their respective positions on these issues.

After carefully reviewing the agreement and the submissions from both parties, the court found that the proposed agreement met the necessary legal criteria. The agreement contained provisions that were not contrary to the Fair Work Act 2009 and was considered to be in the best interests of the employees. The court determined that the agreement would promote harmonious, productive, and cooperative workplace relations. Therefore, the court approved the Paper Australia - Shoalhaven Mill Maintenance Agreement for the period 2014-2016. The court's decision was based on the evidence and arguments presented, and the agreement was approved in accordance with the Fair Work Act 2009.

Paper Australia Pty Ltd T/A Australian Paper - Shoalhaven Mill

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established