DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sorbent Paper Co Pty Ltd
(AG2019/4781)

SORBENT PAPER CO PTY LTD - TRANSPORT WORKERS (SOMERTON DISTRIBUTION FACILITY) AGREEMENT 2019

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 DECEMBER 2019

Application for approval of the Sorbent Paper Co Pty Ltd - Transport Workers (Somerton Distribution Facility) Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sorbent Paper Co Pty Ltd - Transport Workers (Somerton Distribution Facility) Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sorbent Paper Co Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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 Agreement lodged contained various cross-referencing errors. On 20 December 2019, the Applicant filed amended pages of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement was approved on 24 December 2019 and, in accordance with s.54, will operate from 31 December 2019. The nominal expiry date of the Agreement is 5 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the application for approval of the Sorbent Paper Co Pty Ltd - Transport Workers (Somerton Distribution Facility) Agreement 2019. This case centred around the negotiation and approval of an enterprise agreement between Sorbent Paper Co Pty Ltd and its transport workers at the Somerton Distribution Facility. The dispute arose when certain parties contested the fairness and appropriateness of the terms and conditions outlined in the proposed agreement. The Fair Work Commission was the court responsible for addressing these concerns and determining the validity of the agreement.

The primary legal issues the court had to decide were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. These criteria included whether the agreement had been fairly negotiated, whether it provided for the proper registration of employees, and whether it satisfied the requirements of procedural fairness. The court also needed to consider the implications of the agreement on the employees' rights and protections under the Fair Work Act.

The court examined the negotiation process and found that the agreement had indeed been fairly negotiated between the parties involved. The court determined that the agreement provided for the proper registration of employees, ensuring that all relevant stakeholders were included and represented. Additionally, the court assessed the terms of the agreement and concluded that they were fair and reasonable, taking into account the needs and interests of both the employer and the employees. The court found that the agreement satisfied all necessary requirements for approval and, therefore, ruled in favour of the applicant.

Consequently, the court approved the Sorbent Paper Co Pty Ltd - Transport Workers (Somerton Distribution Facility) Agreement 2019. The final orders included the registration of the agreement on the Register of Approved Agreements and the enforcement of its terms and conditions for the relevant employees at the Somerton Distribution Facility.

Sorbent Paper Co 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