DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paper Australia Pty Ltd T/A Paper Australia
(AG2017/2738)

PAPER AUSTRALIA (CAROLE PARK, QUEENSLAND) ENTERPRISE BARGAINING AGREEMENT 2017

Timber and paper products industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 SEPTEMBER 2017

Application for approval of the Paper Australia (Carole Park, Queensland) Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Paper Australia (Carole Park, Queensland) Enterprise Bargaining Agreement 2017 (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 Paper Australia. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of Workers being 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 26 September 2017 and, in accordance with s.54, will operate from 3 October 2017. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Paper Australia Pty Ltd, trading as Paper Australia, applied for the approval of the Paper Australia (Carole Park, Queensland) Enterprise Bargaining Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval, including compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issues before the Fair Work Commission involved assessing whether the agreement provided for minimum entitlements and if it was made in good faith and without coercion. The Commission also needed to consider whether the agreement adhered to the provisions of the Fair Work Act, including ensuring that it did not adversely affect employees’ conditions and that it provided for the proper operation of businesses.

The Fair Work Commission found that the agreement contained all the necessary minimum terms and conditions as required by the Fair Work Act. It confirmed that the agreement was made in good faith and without coercion. Furthermore, the Commission determined that the agreement did not adversely affect the employees' conditions and allowed for the proper operation of the business. Consequently, the Fair Work Commission approved the agreement, finding it compliant with all statutory requirements.

The Fair Work Commission issued an order approving the Paper Australia (Carole Park, Queensland) Enterprise Bargaining Agreement 2017, effective from 1 April 2017. The agreement was registered, and the terms and conditions it contained became enforceable under the Fair Work Act.

Paper Australia Pty Ltd T/A Paper Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established