Paper Australia Pty Ltd T/A Opal Australian Paper Summary

[2023] FWCA 560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Paper Australia Pty Ltd T/A Opal Australian Paper

(AG2023/231)

Opal Australian Paper Carole Park Enterprise Agreement 2023

Graphic Arts
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 FEBRUARY 2023

Application for approval of the Opal Australian Paper Carole Park Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Opal Australian Paper Carole Park Enterprise Agreement 2023 (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 Opal Australian Paper. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The United Workers’ Union 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 1 March 2023. The nominal expiry date of the Agreement is 28 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Paper Australia Pty Ltd trading as Opal Australian Paper, applied to the Fair Work Commission for approval of the Opal Australian Paper Carole Park Enterprise Agreement 2023. The agreement was intended to govern the employment of workers within the Carole Park facility. The dispute centred around the fairness and compliance of the agreement with the relevant industrial laws, particularly the Fair Work Act 2009. The Commission, led by Deputy President M.J. Whelan, was tasked with determining whether the agreement met the criteria for approval, including fairness, compliance with the Act, and the process by which it was negotiated.

The legal issues before the Commission involved whether the agreement was fairly negotiated and whether it complied with the Fair Work Act 2009. The applicant argued that the agreement was the product of genuine bargaining and met all statutory requirements for approval. The Commission needed to examine the evidence of the negotiation process, the contents of the agreement, and its compliance with the legal framework. Specifically, the Commission had to ensure that the agreement was not disadvantageous to employees and that it was made in good faith.

The Commission reviewed the evidence and found that the negotiation process was conducted in good faith and that the agreement was fair. The contents of the agreement were examined to ensure they did not provide an improper advantage to the employer or disadvantage the employees. After careful consideration, the Commission concluded that the agreement was fair and compliant with the Fair Work Act 2009. The evidence showed that the process was transparent and that the agreement did not unfairly disadvantage any party.

The Commission approved the Opal Australian Paper Carole Park Enterprise Agreement 2023, finding it to be fairly negotiated and compliant with the relevant industrial laws. The approval ensures that the agreement will govern the employment conditions of the workers at the Carole Park facility. This decision provides certainty and legal validity to the terms of the agreement, allowing it to be implemented without further industrial disputes.

Paper Australia Pty Ltd T/A Opal Australian Paper

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established