Paper Australia Pty Ltd T/A Opal Australian Paper

[2022] FWCA 3225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Paper Australia Pty Ltd T/A Opal Australian Paper

(AG2022/3680)

Opal Australian Paper Preston Factory & Warehouse Agreement 2022-2025

Graphic Arts
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 SEPTEMBER 2022

Application for approval of the Opal Australian Paper Preston Factory & Warehouse Agreement 2022-2025

An application has been made by Paper Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Opal Australian Paper Preston Factory & Warehouse Agreement 2022-2025 (the Agreement).

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 United Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2022. The nominal expiry date of the Agreement is 15 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Paper Australia Pty Ltd, trading as Opal Australian Paper, applied to the Fair Work Commission for approval of the Opal Australian Paper Preston Factory & Warehouse Agreement 2022-2025. The agreement was made in the context of bargaining between the employer and the Australian Manufacturing Workers’ Union. The union sought to improve working conditions and wages for its members in the paper manufacturing industry. The Commission was tasked with determining whether the agreement met the necessary standards and requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural fairness requirements and the substantive requirements under the Fair Work Act. Procedurally, the union had to demonstrate that the agreement was made in good faith and without coercion. Substantively, the agreement had to be assessed against criteria such as whether it provided for minimum rates of pay, reasonable hours of work, and other employment conditions that were no less favourable than the applicable modern awards or registered agreements. The Commission also had to consider whether the agreement provided for proper dispute resolution mechanisms.

After examining the evidence and submissions, the Fair Work Commission found that the agreement was made in good faith and without coercion. The agreement provided for minimum rates of pay, reasonable hours of work, and other employment conditions that were at least as favourable as the applicable modern awards. The agreement also contained appropriate dispute resolution mechanisms. Therefore, the Commission was satisfied that the agreement met the necessary standards and requirements for approval under the Fair Work Act. The Opal Australian Paper Preston Factory & Warehouse Agreement 2022-2025 was approved.

The Commission's final orders included the approval of the agreement, which would now be binding on the employer and the employees covered by the agreement. The agreement would remain in effect until the end of the specified term or until it was varied or terminated in accordance with its provisions or 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