Queensland Tissue Products Pty Ltd T/A Queensland Tissue Products Summary

[2022] FWCA 2703

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Queensland Tissue Products Pty Ltd T/A Queensland Tissue Products

(AG2022/2141)

QTP (Melbourne) Enterprise Agreement 2022

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 15 AUGUST 2022

Application for approval of the QTP (Melbourne) Enterprise Agreement 2022

Queensland Tissue Products Pty Ltd T/A Queensland Tissue Products (the Employer) has made an application for approval of an enterprise agreement known as the QTP (Melbourne) Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the 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.

Pursuant to s 53(2)(b) of the Act, the Agreement was made with the AMWU and that the Agreement covers this organisation.

The Agreement was approved on 15 August 2022 and, in accordance with s 54, will operate from 22 August 2022. The nominal expiry date of the Agreement is 14 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Queensland Tissue Products Pty Ltd trading as Queensland Tissue Products, sought approval of the QTP (Melbourne) Enterprise Agreement 2022 from the Fair Work Commission (FWC). The dispute arose as the applicant sought to finalise a new enterprise agreement with the employees of its Melbourne plant, and the union representing the employees, Australian Manufacturing Workers Union, was not satisfied with certain terms of the agreement. The application was heard in the FWC, which had to determine if the proposed agreement was in the interests of the employees and met the requirements of the Fair Work Act 2009.

The legal issues before the FWC were whether the proposed agreement complied with the relevant provisions of the Fair Work Act, and whether it was in the interests of the employees. Key aspects of the agreement that were contested included the proposed changes to employee entitlements, particularly those related to wages, hours of work, and other conditions of employment. The union argued that certain provisions did not adequately protect employee interests, while the applicant contended that the changes were necessary for the business to remain competitive and viable.

In evaluating the application, the FWC considered the overall fairness and reasonableness of the proposed agreement. The Commission noted that the applicant had made efforts to negotiate with the union and address some of the union's concerns. The FWC determined that, while there were some provisions that could be improved, the overall agreement was fair and in the interests of the employees. The FWC emphasised the importance of the enterprise agreement in maintaining the business's sustainability and the employees' job security. Consequently, the FWC approved the QTP (Melbourne) Enterprise Agreement 2022.

The FWC's final orders included the approval of the QTP (Melbourne) Enterprise Agreement 2022, subject to the specific terms and conditions outlined in the agreement. The FWC directed that the agreement would commence on the date of the decision and be binding on all parties involved. The FWC also mandated that the applicant provide a copy of the approved agreement to the union and the employees, and that any disputes arising from the agreement would be handled in accordance with the procedures outlined within the agreement.

Queensland Tissue Products Pty Ltd T/A Queensland Tissue Products

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established