DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paper Australia Pty Ltd T/A Opal Australian Paper
(AG2020/3074)

OPAL AUSTRALIAN PAPER ENTERPRISE AGREEMENT 2020 - 2023 MARYVALE MILL MECHANICAL MAINTENANCE AND ENGINEERING STORE

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 2 NOVEMBER 2020

Application for approval of the Opal Australian Paper Enterprise Agreement 2020 - 2023 Maryvale Mill Mechanical Maintenance and Engineering Store.

[1] Application has been made by Paper Australia Pty Ltd t/a Opal Australian Paper for approval of a single enterprise agreement known as the Opal Australian Paper Enterprise Agreement 2020-2023 Maryvale Mill Mechanical Maintenance and Engineering Store (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2020. The nominal expiry date of the Agreement is 1 September 2023.

[4] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Workers’ Union.

COMMISSIONER

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 Enterprise Agreement 2020-2023 for the Maryvale Mill Mechanical Maintenance and Engineering Store. The dispute centred around the terms of the proposed enterprise agreement and whether they met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement complied with the provisions of the Fair Work Act, including whether it provided for the protection of employees' rights and interests, and whether it was made in good faith. The court also needed to consider whether the agreement met the "better off overall test" which requires that employees be no worse off financially and have at least the same rights as under their previous agreement or awards.

The court found that the agreement was compliant with the requirements of the Fair Work Act. It determined that the agreement provided for the protection of employees' rights and interests, and that it was made in good faith. The court also found that the agreement met the "better off overall test" as employees would not be worse off financially and would have at least the same rights as under their previous agreement or awards. The court approved the enterprise agreement, finding that it met all the necessary legal requirements.

No further orders were made by the court.

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