DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Branxholm Sawmills Tasmania Pty Ltd T/A CMTP Branxholm
(AG2014/10999)

CMTP BRANXHOLM SAWMILLS TASMANIA PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 FEBRUARY 2015

Application for approval of the CMTP Branxholm Sawmills Tasmania Pty Ltd Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CMTP Branxholm Sawmills Tasmania Pty Ltd Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Branxholm Sawmills Tasmania Pty Ltd T/A CMTP Branxholm. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 16 February 2015 and, in accordance with s.54, will operate from 23 February 2015. The nominal expiry date of the Agreement is
23 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Branxholm Sawmills Tasmania Pty Ltd trading as CMTP Branxholm, sought approval of the Employee Collective Agreement 2014. The dispute arose under the Fair Work Act 2009, with the Fair Work Commission (FWC) being the tribunal tasked with resolving the matter. The primary legal issue before the FWC was whether the terms and conditions outlined in the Employee Collective Agreement 2014 met the statutory requirements for approval under the Fair Work Act. Specifically, the FWC had to determine whether the agreement was fair and reasonable, provided adequate protection for employee rights and interests, and was consistent with the objects of the Act.

In reaching its decision, the FWC carefully considered the submissions from both the applicant and the employees, as well as relevant legal precedents. The Commission examined various provisions of the agreement, including those related to wages, hours of work, leave entitlements, and dispute resolution mechanisms. The FWC assessed whether these terms were fair and reasonable in light of broader economic conditions, industry standards, and the interests of the employees. After thorough deliberation, the FWC concluded that the Employee Collective Agreement 2014 was fair and reasonable, providing adequate protection for employee rights and interests, and was consistent with the objectives of the Fair Work Act.

Consequently, the FWC approved the Employee Collective Agreement 2014, thereby resolving the applicant's application for approval. This decision ensures that the terms and conditions set forth in the agreement will govern the employment relationship between the applicant and its employees, subject to the statutory protections afforded under the Fair Work Act.

Branxholm Sawmills Tasmania Pty Ltd T/A CMTP Branxholm

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established