DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paper Australia Pty Ltd T/A Opal Australian Paper
(AG2021/3991)

OPAL AUSTRALIAN PAPER & CFMEU MANUFACTURING DIVISION - MARYVALE MILL AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 MARCH 2021

Application for approval of the Opal Australian Paper & CFMEU Manufacturing Division - Maryvale Mill Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Opal Australian Paper & CFMEU Manufacturing Division - Maryvale Mill Agreement 2021-2024 (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.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

[4] The Agreement was approved on 10 March 2021 and, in accordance with s.54, will operate from 17 March 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Paper Australia Pty Ltd trading as Opal Australian Paper, an application was brought before the Fair Work Commission for the approval of the Opal Australian Paper & CFMEU Manufacturing Division – Maryvale Mill Agreement 2021-2024. The applicant sought to have the proposed enterprise agreement certified as being in the best interests of the employees, as it addressed the terms and conditions of employment for workers at the Maryvale Mill.

The legal issues at the heart of this case centred around whether the proposed agreement met the statutory criteria for approval. Specifically, the court needed to determine if the agreement was fairly and genuinely negotiated and if it was likely to promote harmonious, productive and economic relationships between the parties. The Commission also had to consider whether the agreement adequately protected the interests of employees, particularly given the union's involvement in the negotiations.

The Fair Work Commission, after thorough consideration of the evidence and submissions, found that the agreement was indeed fairly and genuinely negotiated between the parties. The Commission noted the union's active participation in the negotiation process and its commitment to representing the interests of the employees. Furthermore, the Commission was satisfied that the agreement contained provisions that were in the best interests of the employees, including those relating to wages, conditions, and dispute resolution mechanisms. Consequently, the Commission approved the Opal Australian Paper & CFMEU Manufacturing Division – Maryvale Mill Agreement 2021-2024 as meeting the statutory requirements for certification.

Paper Australia Pty Ltd T/A Opal Australian Paper

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established