Sorbent Paper Company Pty Ltd Summary

[2023] FWCA 1010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sorbent Paper Company Pty Ltd

(AG2023/817)

SORBENT PAPER CO PTY LTD - TRANSPORT WORKERS (SOMERTON DISTRIBUTION FACILITY) AGREEMENT 2022

Storage services
DEPUTY PRESIDENT BELL	MELBOURNE, 5 APRIL 2023

Application for approval of the Sorbent Paper Co Pty Ltd - Transport Workers (Somerton Distribution Facility) Agreement 2022.

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 2022. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Sorbent Paper Company Pty Ltd. The Agreement is a single enterprise agreement.

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.

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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Transport Workers’ Union of Australia (TWU), 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.

The Agreement was approved on 5 April 2023 and, in accordance with s.54 of the Act, will operate from 12 April 2023. The nominal expiry date of the Agreement is 5 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sorbent Paper Company Pty Ltd was a party in an application before the Fair Work Commission, seeking approval of the Sorbent Paper Co Pty Ltd - Transport Workers (Somerton Distribution Facility) Agreement 2022. The nature of the dispute involved the terms and conditions of employment for transport workers at the company’s Somerton distribution facility. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The legal issues central to the case were whether the proposed agreement provided for minimum entitlements and protections as stipulated by the Fair Work Act and if it ensured fair treatment and conditions for the transport workers. The Commission needed to assess whether the agreement was a genuine enterprise agreement and whether it was made in good faith and without coercion. Additionally, the fairness and reasonableness of the terms of the agreement were under scrutiny to ensure they were not unduly harsh, unreasonable, or discriminatory.

In its reasoning, the Commission noted that the agreement contained provisions that met the minimum standards required by the Fair Work Act. It found that the terms provided for appropriate remuneration, leave entitlements, and other conditions of employment. The Commission determined that the agreement was made in good faith and without any evidence of coercion. Furthermore, the terms of the agreement were deemed to be fair and reasonable, providing adequate protections and benefits for the employees. Consequently, the Commission approved the agreement.

The final orders of the Commission were to approve the Sorbent Paper Co Pty Ltd - Transport Workers (Somerton Distribution Facility) Agreement 2022, allowing it to come into effect on the specified date. The decision confirmed the legitimacy and fairness of the agreement, providing a framework for the employment conditions of the transport workers at the Somerton distribution facility.

Sorbent Paper Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established