Application for approval of the Queensland Tissue Products Pty Ltd Enterprise Agreement 2024

[1] Queensland Tissue Products Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Queensland Tissue Products Pty Ltd Enterprise Agreement 2024 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] The employer's declaration (the form F17B) has been completed by the Applicant's solicitor. Rule 32(3) of the Fair Work Commission Rules 2024 ("the Rules") requires that the declaration be "by the employer." In an abundance of caution, I exercise my discretion under rule 7 of the Rules to the extent necessary to dispense with any requirement for compliance in that regard.

[3] The Employer stated that the employees entitled to vote on the Agreement were, at the time the request that they vote on it was made, employed by it across the full range of industry and occupations, employment types, classifications, and geographic locations the Agreement covers. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) did not seek to contradict this. I am able to accept the Employer's uncontested representation[1] in that regard, and I do so.

[4] An earlier version of the prescribed form of the Notice of Employee Representational Rights ("the NERR"), from prior to 6 June 2023 reforms, was provided. As such, the NERR was not in the prescribed form for the purposes of s.174 of the Fair Work Act. A small number of employees were on leave when the NERR was distributed, and received it on their return, outside of the statutory period. I am satisfied that these errors were minor technical or procedural errors and not likely to disadvantage any employees in the circumstances.

[5] The Agreement as filed contained an error in clause 1, where the title of the previous Agreement had been inadvertently listed. The Employer provided a revised copy of the Agreement with the error corrected, and seeks that the error be cured in reliance on section 218A of the Fair Work Act. I am satisfied that the corrections to clause 1 should be made and that it is appropriate to do so pursuant to section 218A of the Fair Work Act. The correction to clause 1 is made in accordance with the amended copy of the Agreement filed by the Employer on 17 April 2025.

[6] If the Commission is not satisfied that an enterprise agreement includes a term about settling disputes that complies with the requirements of subsection 186(6), the agreement may nonetheless be approved if the Commission accepts an undertaking that meets the concern under section 190. Otherwise, the agreement could not be approved.[2]

[7] In this case the dispute settlement provision, clause 6.1 of the Agreement, contains an exclusion for disputes related to reasonable grounds for refusal of requests for flexible working arrangements or additional unpaid parental leave. The Employer submits that this merely reflects the position under the Fair Work Act, having regard to sections 739 and 740. The AMWU did not oppose this submission. I accept the Employer's submission and I consider that the provision complies with the requirements of subsection 186(6) of the Fair Work Act.

[8] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[9] The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.

[10] With the undertakings now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

[11] The AMWU lodged a declaration in the prescribed form[3] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the AMWU.

[12] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 13 June 2029.

[1] R v Commonwealth Conciliation and Arbitration Commission; ex parte Melbourne and Metropolitan Tramways Board [1965] FCA 50, 113 CLR 228 at 243 per Barwick CJ; Rescrete Industries Pty Ltd v AIRC [1998] FCA 930, 86 IR 269.

[2] Re Model terms for enterprise agreements and copied State instruments, [2025] FWCFB 39, [34].

Printed by authority of the Commonwealth Government Printer