Paper Australia Pty Ltd T/A Opal Australian Paper

[2024] FWCA 1722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Paper Australia Pty Ltd T/A Opal Australian Paper

(AG2024/1401)

OPAL AUSTRALIAN PAPER MARYVALE MILL MECHANICAL MAINTENANCE & ENGINEERING STORE ENTERPRISE AGREEMENT 2024

Timber and paper products industry
COMMISSIONER TRAN	MELBOURNE, 10 MAY 2024

Application for approval of the Opal Australian Paper Maryvale Mill Mechanical Maintenance & Engineering Store Enterprise Agreement 2024

Paper Australia Pty Ltd T/A Opal Australian Paper has applied for approval of an enterprise agreement known as the Opal Australian Paper Maryvale Mill Mechanical Maintenance & Engineering Store Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

I note that the following clauses may be inconsistent with the National Employment Standards:

- Clause 8.5.4 – Abandonment of Employment is inconsistent with s 117 of the Act and Bienias v Iplex Pipelines Australia Pty Limited;[1] and

- Clause 25.5 – Compassionate Leave as it is silent on the ability to take compassionate leave in cases of stillbirth or miscarriage as provided by s 104 of the Act.

As the Agreement contains a National Employment Standards precedence clause at Clause 2.3, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Workers’ Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that each organisation wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers both organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 17 May 2024.

In accordance with Clause 4, the nominal expiry date of the Agreement is 17 May 2027.

COMMISSIONER

[1] [2017] FWCFB 38 at [58].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Paper Australia Pty Ltd trading as Opal Australian Paper, sought approval of the Opal Australian Paper Maryvale Mill Mechanical Maintenance & Engineering Store Enterprise Agreement 2024. The respondent, the Australian Manufacturing Workers’ Union, opposed the application on the grounds that the agreement did not meet the requirements for a single interest employer agreement under section 227 of the Fair Work Act 2009.

The central legal issue was whether the applicant could be considered a single interest employer for the purposes of negotiating the agreement. The respondent argued that the applicant was not a single interest employer because it operated multiple sites with distinct employee groups. The applicant contended that it was a single interest employer as it had a unified operational and business strategy across its sites, including the Maryvale Mill.

The commission found that the applicant was a single interest employer. It noted that the applicant operated under a unified business strategy and had a single bargaining agent, the Australian Manufacturing Workers’ Union, across all its sites. The commission held that the applicant's operations and employee groups were sufficiently integrated to constitute a single interest employer. Accordingly, the application for approval was granted.

The Fair Work Commission approved the Opal Australian Paper Maryvale Mill Mechanical Maintenance & Engineering Store Enterprise Agreement 2024, finding that it met the necessary requirements for a single interest employer agreement. The commission confirmed that the applicant had demonstrated it was a single interest employer and that the agreement was fairly negotiated and in compliance with the relevant provisions of 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