DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

South East Fibre Exports Pty Ltd T/A South East Fibre Exports
(AG2015/1276)

SOUTH EAST FIBRE EXPORTS PTY. LTD. AGREEMENT 2015

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 JUNE 2015

Application for approval of the South East Fibre Exports Pty. Ltd. Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the South East Fibre Exports Pty. Ltd. Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Construction, Forestry, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 26 June 2015. The nominal expiry date of the Agreement is 27 March 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

South East Fibre Exports Pty Ltd T/A South East Fibre Exports applied to the Fair Work Commission for the approval of an enterprise agreement. The respondents were various unions representing employees of the company. The dispute centred on the terms and conditions of employment, particularly those related to pay rates, shift patterns, and other employment-related matters.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement and if it was made in good faith. The unions argued that the agreement was not genuinely negotiated, as it was heavily influenced by the employer and did not adequately represent the employees' interests. The Commission needed to determine whether the agreement met the statutory requirements of the Fair Work Act 2009.

In its decision, the Commission found that the agreement was genuinely negotiated and made in good faith. The evidence showed that the process involved extensive consultation and bargaining between the parties, and the final agreement reflected the employees' interests. The Commission rejected the unions' claims that the agreement was skewed in favour of the employer, finding that the terms were fair and reasonable. The Commission approved the agreement, noting the importance of recognising the rights of both employers and employees in the workplace.

The Commission ordered that the South East Fibre Exports Pty Ltd Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would bind all parties involved.

South East Fibre Exports Pty Ltd T/A South East Fibre Exports

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established