DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers' Union T/A The Australian Workers’ Union Victoria Branch
(AG2019/2684)

AWU AND CHELGRAVE CONTRACTING AUSTRALIA PTY LTD, AUSTRALIAN PAPER MARYVALE MILL AND SUPPLEMENTARY MAINTENANCE CERTIFIED AGREEMENT 2019 - 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2019

Application for approval of the AWU and Chelgrave Contracting Australia Pty Ltd, Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the AWU and Chelgrave Contracting Australia Pty Ltd, Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2019 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Workers’ Union T/A The Australian Workers’ Union Victorian Branch. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union 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.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 27 – Severance Payments

However, noting clause 13 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by the Australian Workers' Union (AWU), trading as the AWU Victoria Branch, for the approval of the AWU and Chelgrave Contracting Australia Pty Ltd, Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2019 - 2021. The dispute involved the terms and conditions of employment for maintenance employees working under the agreement, and the union sought to have these terms formally recognised and approved by the Commission. The application was opposed by Chelgrave Contracting Australia Pty Ltd.

The central legal issue before the Commission was whether the terms of the proposed certified agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for certification. The Commission had to consider the provisions of the agreement, the bargaining process that led to it, and any submissions made by the parties regarding its fairness and reasonableness.

The Fair Work Commission found that the terms of the proposed agreement were fair and reasonable, and that the bargaining process had been conducted in accordance with the requirements of the Fair Work Act. The Commission noted that the agreement provided for a range of benefits for employees, including paid leave entitlements, penalty rates, and provisions for flexible working arrangements. The Commission also found that the agreement complied with the procedural requirements for certification, and that there were no grounds for refusing to approve the agreement. Accordingly, the Commission approved the proposed agreement, and it will now be registered as a certified agreement under the Fair Work Act.

The final orders of the Commission were that the AWU and Chelgrave Contracting Australia Pty Ltd, Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2019 - 2021 be approved and registered as a certified agreement under section 171 of the Fair Work Act 2009. The agreement will now apply to the relevant employees, and will provide for their terms and conditions of employment for the period 2019 to 2021.

The Australian Workers' Union T/A The Australian Workers’ Union Victoria Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established