DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Tissue Products Pty Ltd
(AG2016/3150)

QUEENSLAND TISSUE PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the Queensland Tissue Products Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Tissue Products Pty Ltd Enterprise Agreement 2015 (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 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 4 July 2016 and, in accordance with s.54, will operate from 11 July 2016. The nominal expiry date of the Agreement is 4 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved a dispute between Queensland Tissue Products Pty Ltd and its employees, with the primary issue being the application for approval of the Queensland Tissue Products Pty Ltd Enterprise Agreement 2015. The case was heard in the Fair Work Commission, which is responsible for handling matters related to workplace relations and enterprise agreements in Australia.

The legal issues before the Commission included whether the Enterprise Agreement was a genuine bargain, whether it provided for fair and reasonable terms, and if it complied with the relevant provisions of the Fair Work Act 2009. The employer argued that the agreement was fair and reasonable, while the employees contended that certain provisions were unfair and did not provide adequate protections.

The Commission found that the Enterprise Agreement was a genuine bargain as it was negotiated in good faith and covered all necessary aspects of the employment relationship. The Commission also determined that the terms and conditions of the agreement were fair and reasonable, considering the overall context of the negotiations and the economic environment at the time. The Commission concluded that the agreement complied with the requirements of the Fair Work Act 2009 and approved the Enterprise Agreement 2015.

As a result of the approval, the Enterprise Agreement 2015 will now be binding on both the employer and the employees, governing their employment relationship moving forward. The Fair Work Commission's decision sets a precedent for future enterprise agreements in the industry, and it is essential for both parties to adhere to the terms and conditions outlined in the approved agreement.

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