DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paper Australia Pty Ltd t/a Opal Australian Paper
(AG2020/2726)

MARYVALE MILL ELECTRICAL/PLUMBING MAINTENANCE ENTERPRISE AGREEMENT 2020 - 2023

Timber and paper products industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 SEPTEMBER 2020

Application for approval of the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2020 - 2023

[1] Paper Australia Pty Ltd, which trades as Opal Australian Paper, has made an application for approval of an enterprise agreement known as the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 September 2020 and, in accordance with s 54, will operate from 5 October 2020. The nominal expiry date of the Agreement is 1 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Paper Australia Pty Ltd, trading as Opal Australian Paper, and the Electrical/Plumbing division of the Maryvale Mill. The matter pertained to the application for approval of the Enterprise Agreement between the parties, which was set to cover the period from 2020 to 2023. The application was brought forth to ensure that the proposed agreement met the requisite standards under the Fair Work Act 2009, and that it adhered to the necessary procedural requirements for its approval.

The legal issues at the heart of this case centred on whether the Enterprise Agreement was made in accordance with the statutory provisions of the Fair Work Act. Specifically, the court had to determine if the agreement was genuinely negotiated, free from any coercion, and if it contained all the mandatory terms prescribed by the legislation. Additionally, the court examined whether the proper process was followed in obtaining the necessary approvals and if the agreement adequately addressed the rights and obligations of the employees and the employer.

In rendering its decision, the Commission meticulously reviewed the negotiation process, scrutinising the minutes of meetings and the conduct of the parties to ensure that the agreement was the product of genuine bargaining. The Commission considered the complexity and duration of the negotiation process, as well as the involvement of union representatives, to ascertain the validity of the agreement. It was also imperative that the agreement did not disadvantage employees, and the Commission assessed whether the proposed terms were fair and reasonable, taking into account the economic and operational context of the enterprise.

The Commission ultimately approved the Enterprise Agreement, finding that it was negotiated in good faith, complied with all statutory requirements, and provided a fair and reasonable framework for the employment relationship. The decision was made on the basis that the agreement met the necessary criteria for approval and that it would serve the interests of both the employees and the employer effectively. The final orders confirmed the approval of the agreement, allowing it to be registered and enforceable as per the terms specified.

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