Solaris Paper Pty Ltd

[2025] FWCA 822

[2025] FWCA 822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Solaris Paper Pty Ltd

(AG2025/450)

SOLARIS PAPER PTY LTD ENTERPRISE AGREEMENT 2024-2027

Timber and paper products industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 5 MARCH 2025

Application for approval of the Solaris Paper Pty Ltd Enterprise Agreement 2024-2027

Introduction

1. Solaris Paper Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Solaris Paper Pty Ltd Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Agreement will apply to employees who are covered by either the Timber Industry Award 2020 (Timber Award) or the Manufacturing and Associated Industries and Occupations Award 2020 (Manufacturing Award). The Construction, Forestry and Maritime Employees Union – Manufacturing Division (CFMEU) was a bargaining representative of employees in relation to the Agreement.

Correction of document under s.586

1. The Employer has requested corrections to several clauses of the Agreement to rectify typographical errors. The identified errors are as follows:

• Clause 13.4 – Training Allowance: The Agreement does not include rates for years 2 and 3.

• Clause 13.6 – Multi-Skilling: An agreed multi-skilling allowance was inadvertently omitted.

• Clause 23 – Domestic Family Violence Leave: The clause has not been updated to reflect that the National Employment Standards (NES) now provides 10 days of paid leave.

• Clause 31 – Union Delegate Rights: The document incorrectly refers to the union as “CFMMEU” instead of the correct name, ‘CFMEU’.

1. The CFMEU has not opposed the amendments sought by the Employer. I have therefore allowed corrections to clauses 13.4, 13.6, 23, and 31 of the Agreement pursuant to s.586 in the terms sought by the Employer, as I am satisfied that the corrections do not alter any substantive matters in the Agreement.

Notice of Employee Representational Rights (NERR) Title

1. The NERR filed refers to the Agreement as ‘Solaris Paper Pty Ltd Enterprise Agreement 2021-2024’ which is inconsistent with clause 1 of the Agreement which refers to the Agreement as ‘Solaris Paper Pty Ltd Enterprise Agreement 2024-2027’. The Employer provided submissions that there was an error in the NERR and it should have referred to ‘Solaris Paper Pty Ltd Enterprise Agreement 2024-2027’.

1. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matter constituted a minor technical or procedural error for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

Voting Notification

1. The Form F17B stated that the date voting commenced was 15 January 2025 and that the Agreement was made on 16 January 2025. The Employer provided submissions that this matter constituted a typographical error and provided submissions that voting commenced on 12 February 2025 and that the Agreement was made on 13 February 2025.

1. In the circumstances, I have allowed a correction to the F17 Declaration in relation to these dates pursuant to s.586(a) of the Act.

Deduction of Monies Following Termination

1. Clause 14 states that if an employee fails to give the required notice, the employer may deduct from any monies due to the employee on termination under the NES, an amount not exceeding the amount the employee would have been paid under this Agreement in respect of the period of notice required by the NES, less any period of notice actually given by the employee. Notably, this provision does not specify any limitation on the source of monies from which deductions may be made. As a result, it appears to allow deductions from an employee’s NES entitlements, such as notice of termination, accrued but unused annual leave, or long service leave upon termination. This raises a potential inconsistency with Chapter 2, Part 2.2, Division 2 of the Act.

1. The Employer provided an undertaking to address this issue.

Section 190 Undertakings

1. The Employer provided written undertakings to address the above NES issue. A copy of the undertakings is attached in Appendix 4. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. 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.

Section 183 Bargaining Representatives

1. The CFMEU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the CFMEU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2025. The nominal expiry date of the Agreement is 12 March 2028.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

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