DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sorbent Paper Co Pty Ltd T/A Sorbent Paper Co Pty Ltd
(AG2021/6702)

SORBENT PAPER CO PTY LTD LARAPINTA ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER SIMPSON	BRISBANE, 8 SEPTEMBER 2021

Application for approval of the Sorbent Paper Co Pty Ltd Larapinta Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sorbent Paper Co Pty Ltd Larapinta Enterprise Agreement 2021 (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 T/A Sorbent Paper Co Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

Sorbent Paper Co Pty Ltd, trading as Sorbent Paper Co Pty Ltd, applied for the approval of the Sorbent Paper Co Pty Ltd Larapinta Enterprise Agreement 2021. The matter was heard in the Fair Work Commission. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009, as a registered agreement.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act, including whether it was a genuine agreement and whether it contained the necessary minimum terms and conditions. The Commission had to determine if the agreement provided for fair and reasonable terms, including wages and conditions of employment, and whether it was free from any improper influence or coercion.

The Commission found that the agreement was a genuine agreement, as it was entered into voluntarily by both parties, without any improper influence or coercion. The terms and conditions of the agreement were fair and reasonable, providing for appropriate wages and conditions of employment. The Commission also found that the agreement contained the necessary minimum terms and conditions as required by the Fair Work Act. Therefore, the Commission approved the Sorbent Paper Co Pty Ltd Larapinta Enterprise Agreement 2021 under section 231 of the Fair Work Act.

The Fair Work Commission approved the Sorbent Paper Co Pty Ltd Larapinta Enterprise Agreement 2021, finding it to be a genuine agreement that provided for fair and reasonable terms and conditions of employment. The Commission's decision was based on the evidence presented and the legal criteria set out in the Fair Work Act.

Sorbent Paper Co Pty Ltd T/A 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