SCA Hygiene Australasia

[2013] FWCA 4442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SCA Hygiene Australasia
(AG2013/1488)

SCA HYGIENE AUSTRALASIA PTY LIMITED SPRINGVALE SITE (PRODUCTION AND WAREHOUSE) AGREEMENT 2012

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 5 JULY 2013

Application for approval of the SCA Hygiene Australasia Pty Limited Springvale Site (Production and Warehouse) Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the SCA Hygiene Australasia Pty Limited Springvale Site (Production and Warehouse) Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SCA Hygiene Australasia (the Applicant). I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[2] The Construction, Forestry, Mining and Energy Union (CFMEU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with s.201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2013. The nominal expiry date of the Agreement is 23 September 2015.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SCA Hygiene Australasia Pty Limited applied for the approval of the Springvale Site (Production and Warehouse) Agreement 2012. The application was heard by the Fair Work Commission, where the main issue was whether the agreement was in the interests of the employees and the employer. The application sought to approve the agreement under section 233 of the Fair Work Act 2009, which allows for the approval of agreements that provide for matters not capable of being resolved by conciliation and arbitration.

The Fair Work Commission considered the application and found that the agreement was in the interests of both the employer and the employees. The Commission noted that the agreement provided for a number of benefits, including increased job security, improved working conditions, and a wage increase. The Commission was satisfied that the agreement was fair and reasonable, and that it would promote harmony, co-operation, and productivity in the workplace.

The Fair Work Commission approved the agreement, which now provides for the terms and conditions of employment for the employees at the Springvale site. The agreement covers matters such as wages, leave, and dispute resolution, and provides for a more cooperative and productive workplace. The approval of the agreement is an important step forward in the ongoing relationship between the employer and the employees, and is expected to benefit both parties in the long term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established