DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WestRock Oceania Pty Ltd
(AG2019/1789)

WESTROCK OCEANIA ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 AUGUST 2019

Application for approval of the WestRock Oceania Enterprise Agreement 2018-2021.

[1] WestRock Oceania Pty Ltd has applied for approval of a single enterprise agreement known as the WestRock Oceania Enterprise Agreement 2018 - 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] After the application was made, concerns were raised in relation to whether the Agreement passes the “better off overall” test.

[3] Written undertakings were given to address the concerns in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representatives did not oppose the Undertakings.

[4] I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[5] Noting clauses 5 and 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and having regard to the Undertakings, 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.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[8] The Agreement was approved on 16 August 2019 and, in accordance with s.54, will operate from 23 August 2019. The nominal expiry date of the Agreement is 6 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by WestRock Oceania Pty Ltd for the approval of the WestRock Oceania Enterprise Agreement 2018-2021. The respondents to the application were the unions involved in the negotiation of the agreement. The dispute centred around whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the requirements of the Fair Work Act. Specifically, the court needed to assess whether the agreement contained all the mandated terms and conditions, and if it provided for procedural fairness in its negotiation and application.

The Fair Work Commission found that the agreement was fairly negotiated and contained all the mandated terms and conditions. The Commission also determined that the agreement provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement included provisions for procedural fairness and provided for the resolution of any disputes that may arise from its application. The Commission approved the agreement subject to certain modifications to address minor procedural concerns.

As a result of the Commission's decision, the WestRock Oceania Enterprise Agreement 2018-2021 was approved with the modifications noted by the Commission. The agreement now provides a framework for the terms and conditions of employment for the employees covered by the agreement. The unions and the employer are bound by the terms of the agreement, and any disputes arising from its application must be resolved in accordance with the procedures set out in the agreement.

WestRock Oceania 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