Paper Australia Pty Ltd T/A Opal Australian Paper

[2024] FWCA 1717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Paper Australia Pty Ltd T/A Opal Australian Paper

(AG2024/1400)

MARYVALE MILL ELECTRICAL/PLUMBING MAINTENANCE ENTERPRISE AGREEMENT 2024

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

Application for approval of the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2024

Paper Australia Pty Ltd T/A Opal Australian Paper has applied for approval of an enterprise agreement known as the Maryvale Mill Electrical/Plumbing Maintenance 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

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

Paper Australia Pty Ltd, trading as Opal Australian Paper, sought approval of the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2024. The application was made to the Fair Work Commission, which must approve enterprise agreements before they can be registered and enforced. The agreement, if approved, would cover employees who are electrical and plumbing maintenance workers at the Maryvale Mill.

The central legal issues before the Commission were whether the agreement met the formal requirements of the Fair Work Act 2009, including whether it contained all the prescribed terms and conditions, and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees it covered.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met all the formal requirements of the Fair Work Act. The agreement contained all the prescribed terms and conditions and was made in good faith and without coercion. The Commission was also satisfied that the agreement provided for fair and reasonable terms and conditions for the employees it covered. Therefore, the Commission approved the agreement.

The final orders of the Commission were that the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2024 be approved as a registered agreement under section 176 of the Fair Work Act 2009. The agreement is now binding on all employees and employers who are parties to it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established