DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CMTP Pty Ltd
(AG2020/1942)

CMTP PTY LTD TASMANIA ENTERPRISE AGREEMENT 2020

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 14 JULY 2020

Application for approval of the CMTP Pty Ltd Tasmania Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the CMTP Pty Ltd Tasmania Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CMTP Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 21 July 2020. The nominal expiry date of the Agreement is 20 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CMTP Pty Ltd applied for the approval of the CMTP Pty Ltd Tasmania Enterprise Agreement 2020. The applicant is an employer, and the respondent is the union representing employees, the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the enterprise agreement met the requirements of the Fair Work Act 2009 for approval and registration.

The legal issues involved whether the agreement contained the necessary provisions as per the Act and whether it was made in good faith and without coercion. The court had to assess if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. Additionally, the court needed to ensure that the process of making the agreement adhered to the principles of good faith bargaining.

The court determined that the agreement satisfied all the statutory requirements for approval. It found that the agreement contained all the mandated provisions and was made in accordance with the principles of good faith bargaining. The evidence presented demonstrated that the agreement was not made under duress and that the bargaining process was fair. The court highlighted the importance of the agreement's provisions for employee protections and the reasonable balance between the parties' interests.

The Fair Work Commission approved the CMTP Pty Ltd Tasmania Enterprise Agreement 2020. The decision was made on the basis that the agreement was validly made, met all legislative requirements, and was in the best interests of the employees and the employer.

CMTP 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