DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solaris Paper Pty Ltd
(AG2021/4230)

SOLARIS PAPER PTY LTD ENTERPRISE AGREEMENT 2021-2024

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 7 APRIL 2021

Application for approval of the Solaris Paper Pty Ltd Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Solaris Paper Pty Ltd Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Solaris Paper Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I have considered the matter raised by the CFMMEU concerning overtime worked by Pulp and Paper Stream shiftworkers. The CFMMEU has provided no further substantive submissions on the subject and I am satisfied that notwithstanding this matter the Agreement passes the better off overall test.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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 is approved and, in accordance with s.54 of the Act, will operate from 14 April 2021. The nominal expiry date of the Agreement is 14 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Solaris Paper Pty Ltd, sought approval of an enterprise agreement with its employees. The dispute arose when the applicant proposed changes to the employees' working conditions, which led to objections from the union representing the employees. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees and if it complied with the procedural and substantive requirements set out in the legislation.

In considering these issues, the Commission examined the negotiation process, the content of the proposed agreement, and the views of the parties involved. The applicant argued that the agreement was in the best interests of the employees, providing various benefits and addressing issues of concern. The union, on the other hand, raised objections, contending that the proposed changes were detrimental to the employees. The Commission found that the negotiation process was fair and that the proposed agreement did not adversely affect the employees' interests. The Commission also noted that the agreement complied with the procedural requirements, including the provision of relevant information to the employees and the opportunity for their representatives to participate in the negotiations.

Following its analysis, the Commission approved the Solaris Paper Pty Ltd Enterprise Agreement 2021-2024. The Commission concluded that the agreement was in the best interests of the employees and met all statutory requirements. The approval of the agreement was based on the evidence presented and the considerations outlined in the decision. The Commission's approval of the enterprise agreement provides legal certainty for both the applicant and the employees, ensuring that the terms of the agreement will be binding and enforceable.

Solaris Paper 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