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austlii:cth/FWCA/2025/1937
General information, not legal advice.
FWCA
2025-06-11
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 11 June 2025.
- The word 'the' has been removed from the Agreement title.
- The word 'productions' has been removed from the Agreement title and paragraph 1 and replaced with 'production.'
s.185 - Application for approval of a single-enterprise agreement
Paper Australia Pty Ltd Trading AS Opal Australian Paper
OPAL AUSTRALIAN PAPER MARVALE MILL PRODUCTION AGREEMENT 2025
Application for approval of the Opal Australian Paper Maryvale Mill Production Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Opal Australian Paper Marvale Mill Production Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Paper Australia Pty Ltd T/A Opal Australian Paper (Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
[4] I observe that clause 34.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES) as it does not extend the entitlement to compassionate leave to the stillbirth of a child, or a miscarriage of the employee or the employee's spouse or de facto partner. However, noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Construction, Forestry and Maritime Employees Union (CFMEU) being a bargaining representative for the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.
[6] The Agreement is approved and, in accordance with s 54 of the Act will operate from 18 June 2025. The nominal expiry date of the Agreement is 12 February 2028.
Printed by authority of the Commonwealth Government Printer