DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Tissue Products Pty Ltd
(AG2020/2727)

QUEENSLAND TISSUE PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2020

Timber and paper products industry
COMMISSIONER SIMPSON	BRISBANE, 6 NOVEMBER 2020

Application for approval of the Queensland Tissue Products Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Tissue Products Pty Ltd Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Tissue Products Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Queensland Tissue Products Pty Ltd to have the Queensland Tissue Products Pty Ltd Enterprise Agreement 2020 approved. The dispute centred around the terms of the agreement, which was intended to regulate the employment conditions of the company's workers. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the statutory requirements outlined in the Act. Specifically, the Commission needed to ascertain whether the agreement had been made in good faith, was free from coercion or undue influence, and provided for a proper process for the resolution of disputes. Additionally, the Commission examined whether the agreement met the criteria for being a single interested party agreement, as it was proposed by the employer and did not involve any employee representatives.

In examining these issues, the Commission considered the evidence provided by the parties and the relevant provisions of the Act. It determined that the agreement was made in good faith and did not involve any coercion or undue influence. Furthermore, the Commission found that the agreement provided for an adequate process for the resolution of disputes and met the criteria for a single interested party agreement. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the requirements of the Act.

The Fair Work Commission's decision was that the Queensland Tissue Products Pty Ltd Enterprise Agreement 2020 was approved and would come into effect on the date specified in the agreement. The Commission's approval was based on its determination that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The approval of the agreement ensures that the employment conditions of the company's workers are regulated by the terms of the agreement, which provides for a fair and reasonable framework for the resolution of any disputes that may arise during the course of employment.

Queensland Tissue Products Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established