DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paper Australia Pty Ltd T/A Paper Australia
(AG2018/2425)

PAPER AUSTRALIA PTY LTD (PRESTON FACTORY) ENTERPRISE AGREEMENT 2018

Graphic Arts
COMMISSIONER JOHNS	SYDNEY, 4 SEPTEMBER 2018

Application for approval of the Paper Australia Pty Ltd (Preston Factory) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Paper Australia Pty Ltd (Preston Factory) Enterprise Agreement 2018 (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 Employer 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, 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) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2018. The nominal expiry date of the Agreement is 1 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Paper Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicant, Paper Australia, sought approval for the Paper Australia Pty Ltd (Preston Factory) Enterprise Agreement 2018. The Fair Work Commission was required to determine whether the agreement complied with the Fair Work Act 2009 and whether it was made in good faith.

The Commission considered whether the agreement met the requirements for approval under the Fair Work Act. This included examining if the agreement was made in accordance with the procedural requirements, was free from any prohibited content, and whether it was made in good faith. The Commission also considered the parties' bargaining positions, the nature of the bargaining process, and the extent to which the agreement reflected the interests of the employees.

The Commission found that the agreement was made in good faith and was not contrary to the public interest. It was noted that the agreement was the result of a genuine and meaningful bargaining process between the parties. The Commission also found that the agreement contained no prohibited content and complied with the procedural requirements of the Act. The agreement was therefore approved by the Commission.

The Fair Work Commission approved the Paper Australia Pty Ltd (Preston Factory) Enterprise Agreement 2018. The Commission ordered that the agreement be registered and that it would have effect from the date of the approval.

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