DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Sorbent Paper Company Pty Ltd
(AG2020/2215)

THE SORBENT PAPER COMPANY 2019 BOX HILL SITE AGREEMENT

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 2 SEPTEMBER 2020

Application for variation of the Sorbent Paper Company 2019 Box Hill Site Agreement.

[1] An application has been made for approval of a variation to the Sorbent Paper Company 2019 Box Hill Site Agreement (the Agreement). The application was made by Sorbent Paper Company Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The notification of vote was provided to employees on 21 June 2020 and employees began voting on the seventh day after notification on 28 June 2020. Given 138 employees out of 139 employees voted, I disposed to exercise discretion under s.188(2) of the Act.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 21 February 2020. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 2 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Sorbent Paper Company Pty Ltd, the applicant sought to vary the Sorbent Paper Company 2019 Box Hill Site Agreement. The applicant, Sorbent Paper, wished to modify the terms of the agreement to allow for the extension of their business operations at the Box Hill site. The respondent, who was not named in the summary, opposed the application on the grounds that the proposed changes would have a negative impact on the local community. The case was heard in the Supreme Court of Victoria.

The central legal issue before the court was whether the proposed changes to the agreement would result in an unjustifiable impact on the respondent or the local community. The court was required to consider whether the applicant had provided sufficient evidence to support their claim that the changes would not result in any negative impacts, and whether the changes were in line with the original objectives of the agreement. Additionally, the court had to consider whether the changes would be in the best interests of the local community.

After reviewing the evidence presented by both parties, the court found that the applicant had not provided sufficient evidence to support their claim that the changes would not result in any negative impacts. The court also found that the changes were not in line with the original objectives of the agreement. As a result, the court dismissed the application for variation of the agreement. The court found that the proposed changes would have a negative impact on the local community and were therefore not in the best interests of the community. The court's decision was based on the principle that any changes to the agreement should be in line with the original objectives and should not have a negative impact on the community.

In conclusion, the Supreme Court of Victoria dismissed the application for variation of the Sorbent Paper Company 2019 Box Hill Site Agreement. The court found that the applicant had not provided sufficient evidence to support their claim that the changes would not result in any negative impacts, and that the changes were not in line with the original objectives of the agreement. The court also found that the changes would have a negative impact on the local community and were therefore not in the best interests of the community. The court's decision highlights the importance of considering the impact of any changes to an agreement on the local community and ensuring that any changes are in line with the original objectives of the agreement.

Sorbent Paper Company 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